U B 



a. 



CIVIL WAR VOLIWTEJDR 
OPPICERS' RETIRJilD LIST. 
--- 1912 --- 





Clnss 'J. '::L 4 



■■^ 1 ■\ 



Book 



^ \ £ a. 



'AN - '3SnOVHAS 



■sm 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST 



HEARING 



BEFORE A 



SUBCOMMITTEE OF THE 

COMMITTEE ON MILITARY AFFAIRS 

UNITED STATES SENATE 

SIXTY-SECOND CONGRESS 

THIRD SESSION 
ON 

S. 2006 

A BILL TO CREATE IN THE WAR DEPARTMENT AND THE NAVY 

DEPARTMENT, RESPECTIVELY, A ROLL DESIGNATED AS "THE 

CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST," TO 

AUTHORIZE PLACING THEREON WITH RETIRED PAY 

CERTAIN SURVIVING OFFICERS WHO SERVED IN 

THE ARMY, NAVY, OR MARINE CORPS OF THE 

UNITED STATES IN THE CIVIL WAR, 

AND FOR OTHER PURPOSES 



Printed for the use of the Committee on Military Affairs 



WASHINGTON 

GOVERNMENT PRINTING OEPIOE 

1912 









In the Skxatk of the United States, 

December 6, 1912. 

Ordered, That one thousand copies Hearings T'efore a Subcommittee of the 
Committee on :Militai-y Affairs. United States Senate. "Civil War volunteer 
officers' retired list." he printed for the use of the subcommitlee. 

Attest : 

Chakles (t. Bennett, (^eeretary. 



MEMBERS OF SUBCOMMITTEE. 

NORRIS BROWN, Nebraska. Chainiian. 
WESLEY L. JONES. Washington. .TOSKPH F. .TOHNSTON, Alabam.a. 

NEWELL SANDERS. Tennessee. GILBERT M. HITCHCOCK, Nebraska. 

2 



D. OF D. 
JAr^ 13 1913 






I 



i 

'k\y\l WAR VOLUNTEER OFFICERS' REIIRED LIST. 



WEDNESDAY, JUNE 5, 1912. 

Committee on Military Affairs, 

United States Senate. 
The subcommittee of the Committee on Military Affairs having 
under consideration Senate bill 200() met at 10.30 oV'lock a. m. 
The bill under consideration is as follows : 

[S. 200(>, Sixty-second Congress, first session.] 

A RTT.L To create in tlic War Department and in the Navy Department, respectively, a 
rol desi^Sas ''the Civil War volimteer officers" retired list," to authorize^ placing 
thereon '^th retired pay certain surviving officers who served n the Army. Navy, or 
M^rfne oA-ps of the United States in the Civil War, and for oth.-r purposes. 

Be it enacted hy the S^eiuite uiul House o/ Representatives of the United 
States of Americain Congress assembled. That in recognition of meritorious 
srvice rendered to the Government of the United States, m the Livil ^\ ar for 
the preservation of the Union, there is hereby created in the War Department 
and Navv Department, respectively, a roll designated as "the t ivil ^^ ar volun^ 
teer ofhcers' retired list." Upon written application made to the Secretary ot 
the proi.er department, and subject to the conditions and requirements herein- 
after contained, the name of each surviving officer of volunteers who served as 
an officer in the Army, Navy, or Marine Corps of the United States in the Civil 
War and was honorably discharged from service by muster out resignation, or 
otherwise, shall be entered on said list as of the highest rank held by him during 
said service. Each surviving officer so entered on said list shall have served in 
said Armv Navv. or ISIarine Corps in said war not less than six months shall 
not have been retired with continuing retired pay. and shall not belong to the 
United States Army. Navy, or Marine Corps: Prodded, That a surviving officer 
who lost an eye. an arm, or a leg in the line of duty, or who was honorably 
diseharsed from service by muster out. resignation, or otherwise because of a 
wound or other bodily injury received or incurred in the line of '1"<,>-- f .^?*^;1"^.^ 
of disability incurred in the line of duty while a prisoner of war. shall, it othei- 
wise eligible imder the terms hereof, be entitled to be placed on said list and o 
receive the maximum retired pay herein provided for officers of his former rank 
without regard to the length of his said service: And provided fuithei. That m 
computing the length .if service of any surviving officer for the purposes ot this 
act there shall be included, in addition to his service as an officer of any rank, , 
all 'such service as he shall have rendered in said war as an enlisted man oi 
as an appointed petty officer. Applications for entry on said ^-'^^"^ ^ ^J^^, :"''"": 
teer officers' retired list shall be made in such form and under such regulations 
as «hall be prescribed by the War Department and Navy Department, respec- 
ti'velv and proper blanks shall be furnished for said purpose upon request 
made to the proper department by surviving officers claiming the beuehts of this 
act \ certificate of service, and of enrolhnent under this act, proper y pre- 
pared in the War Department and Navy Department, respectively, shall be fur- 
nished to each surviving officer whose name shall be entered on said list. 

Surviving officers wh<. served as officers in the Regular Army, Navy, or 
Marine Corps of the United States during the Civil War, and who were honor- 
ably discharged from service by muster out, resignation, or otherwise, and have 



4 CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 

ii(»l Itt'cii rt'inslaU'd in s;ii(l scix ii-c iiur retire!! willi eoiit inniiiic retired pay, 
hsliiill. upon ai)]!licati<iii duly made, l(e eid -red on said list an<l i'ec('ive the same 
retired pay and otlu'r lienelits. accdrdini: t<i t'nrmer rank and ser\ ire. that are 
herein i)rn\id<'d t'er snrvivini; \nlnnteer otiicers. 

Subject l<> the niaxinnmi liniitalinn nf r<'tir(Ml iiay hereinaftei- contained, each 
surviving cfficer \vh()se name shall have been duly entered on said list, who 
shall have served as .ifdi-esaid in the Civil War a term (ir terms ai^.^regating 
two years or more, shall receive, out of any money in the Treasury not other- 
wise appropriated, retired pay accordiui,' to his former highest raid^ and former 
bi'anch o fservice as entered on said list, which retii'ed i>ay shall be equal to one- 
half of the initial active pay now received )\v officers of like or equivalent rank in 
the United States Army. Navy, or Mai-ine Corps, respectively; and each sur- 
viving ofticer whose name shall have been duly entered on said list who shall 
have served as afores.-iid in the Civil War a term or terms aggreg.ating less 
than two yeirs. l)nt not less tiian six mouths, shall receive, out of any money 
in the Treasury not otherwise aiipropri.ated, retired ]»ay. each according to liis 
former raidv and aggregate l<'i'm of service, the amount thereof bearing such 
j)roportion to the retired iiay herein granted to officers of the same rank for two 
years' service .as the aggregate term of service be.ars to said term of two years 
The retired i)ay ]a-ovided for by this act shall begin njton the date of the 
passage of this act .and continue during tbe natvu'al life of the beneficiary; it 
shall lie payable qu.arterly, and shall not exceed, in the case of any surviving 
officer, three-fourths of the initi.al iictivc ji.ay now received by a captain in the 
United St.ales Army. 

Each surviving olMcer who sh.ill i-eceive letired pay nu<l(M- this act shall 
thereby relinquish all his right and claim to ])ension from the United Stales 
after the d.ate of the passage of this act, and any iiayment of such peusion made 
to him covering a jiei-iod subsequent to (he ])assage of this act shall be deducted 
from the .amount due him on tlie first itayment or payments under this act. 
The retired pay allowed under this act shall not be sul).iect or li.able to any 
attachment, levy, lien, or detention imder any jirocess whatsoever; and persons 
whose names are iilaced ui)on said list sb.all not C(uistitute any part of the 
United States Army. Navy, or Marine Cor]>s. 

Senator Brown. Gentlomeii, the coniiiiittec finds itself this morn- 
ing witliont a full tittendatiee. Senator Jones is engaoed in a con- 
ference eoininittee which makes it impossible for him to be here. 
Senator Sanders is in Chicago. Senator Tlitchcock, my colleague, I 
suppose will be here, although he has another meeting, before the 
Committee on Foreign Relatintis. which is set for 11 o'clock. How- 
ever, if it is agreeable to you we Avill proceed and take yoitr arguments 
and statements and have them printed, and then we will get the 
subcomtnittee together as soon as ]")Ossil)le to consider the arguments 
and what you luive jiresented. and report to the full committee at 
the earliest possible day. 

^Ir. Torrance, if you will take charge of the pre.sentation of the 
matter and i^roceed with such arjimnetit as yon may desire to make, 
or have your associates malce, the committ<'e will l)e very glad to 
hear you. 

STATEMENT OF LIEUT. ELI TORRANCE, UNITED STATES VOL- 
UNTEERS, AND PAST COMMANDER IN CHIEF GRAND ARMY 
OF THE REPUBLIC. 

Mr. ToRRANCF.. Mr. Chairman and gentlemen of the committee, let 
me first state that I appear in the ca])acity of acting chairman of the 
executive committee of the National Association of the Surviving 
Volunteer Officers of the Civil War. Gen. Edward S. Salomon, of 
San Francisco. Cal., chairman of the committee, has been disabled 
by illness since December last, and I being the ranking member of 
the executive committee, the duty has devolved upon me of taking 



CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 5 

charge, to a large degree, of this matter. There are present this 
morning, besides myself, of the executive committee Col. F. S. Hessel- 
tine, of Boston. IVlass., and of the general committee Capt. A. D. 
Gaston, of Washington, D. C., Capt. Hartwell Osborn, of Evanston, 
111., and Acting Connnander F. P. B. Sands, of the United States 
Navy, Washington, D. C. 

There are also present Col. John L. Vance and Col. A. G. Patton, of 
Columbus, Ohio, wlio represent the Ohio Commandery of the Loyal 
Legion, and Col. Charles R. E. Koch, of Chicago, 111., adjutant gen- 
eral of the Grand Army of the Republic and ex-commander of the 
Illinois Commandery of the Loyal Legion, who represents that com- 
mand'ery on this occasion and also represents the commander in chief 
of the Grand Army of the Re]")ublic. appearing in behalf of himself 
and the commander in chief. ITarvey 5l. Trimble, of Princeton. 111. 

There is also ])resent this morning Corpl. eTaines Tanner, past com- 
mander in chief of the Grand .Vi'my of the Re]in!)lic. and we feel 
satisfied that your connnittce will be glad to hear a few wortls from 
him. 

IIoAv many may s]ieak at this time will d(^[)('nd largely upon the 
time that your counnittee has at its disjjosal. but we would like to 
submit our case quite fully, so that it may be as complete and strong 
as possil)le. 

, We are here to urgi' a careful consideration of and favorable action 
by your counnittee on the bill introduced by Mr. Townsend on May 4, 
11)11, known as Senate bill 200('). A bill similar in all respects to this 
has been introduced by Mr. Sulzer in the House. 

In brief, the ])uriiose of the bill is to create in the AVar aiul Xavy 
Departments, respectively, a roll to be designated as the Civil War 
Volunteer Officers' Retired List. \\\Hm which shall be entered the 
name, with highest rank, of ex'ery surviving volunteer officer who 
served for a period of not less than six montlis and was honorably 
discharged from such service. 

LTpon enrollment, a certiHcate of servi(^e is to \)v properly prepared 
in the AVar and Navy I)ej)artments. respecti\ely. and furnished to 
each surviving officer whose name is entered on the roll. 

A ser^'ice of two years is named as the maxinuun and six months' 
service as the mininunn u])on which the retired ])ay is based, those 
l)aving to their ci-edit a term or terms of service aggregating two 
years oi- more, service as an enlisted nuin, if any. -to be computed as 
part thereof, to receive one-half of the initial active pay now received 
by officers of like rank in the United States Army, Navy, or Marine 
Corjjs, res])ectivelv, provided that in no case shall any officer receive 
pay in excess of three-fourths of the pay of a ca]:)tain in the Army, 
those who served less than two years to receive such proj^ortion of 
the ])ay granted to officers of like rank for two years as said term of 
service bears to said term of two yeai-s. There are other provisions 
in the bill wliich it is not necessary for me uoav to einunerate. but 
readily a])])e/r upon iiispection of the bill. 

The chtiu's of these officei's have been before Congress for the past 
seven years. When first presented, there were alxuit 27.000 surviving 
Union officers of the Civil War. There are now living less than 
18.000, and those eligil)le to enrollment under the terms of the bill we 
are now considering" will not exceed Ki.OOO in number, many of whom 
are officei's who held subordinate rank, and the retired pay they 



6 CIVIL WAR VOLUNTEER OFFICEKS ' RETIRED LIST. 

Avoiild severally I'eeeive under this measure would not greatly exceed 
the amount tliey are entitled to receive under present jjension laws. 
The average age of these oflicers is about 74 years, and the death rate 
exceeds 1,500 each year. 

During the war 9.r>8-l- officers perished in defense of their country, 
and within a very "TdTort time the survivors of those who led the 
mighty hosts of the Union will be fewer in number than their asso- 
ciates who died on the fields of battle. 

"We have had abundant encouragement that our just claims would 
be recognized. A great majority of the Members of the present Con- 
gress have signified their readiness to vote in favor of the bill when- 
ever an opportunity is afforded. 

The legislatures of the great States of New York, Ohio, Illinois, 
Indiana. Michigan, Maine, Wisconsin, Kansas, Wyoming, and Colo- 
rado have unanimously approved the enactment of such a measure 
and requested the Senators and Eepresentatives from those States to 
support it with their votes in Congress. No State legislature has 
declined to take similar action, and if the opportu.nity was presented 
many other Commonwealths would follow the lead of their sister 
States in this matter. 

In the Sixty-first Congress favorable reports were made on bills in 
most respects similar to the one now under consideration by the 
respective Committees on Military xVffairs. In the Senate Mr. War- 
ner, on l)ehalf of the Military Aff'airs Committee, made a favorable 
report February 20, 1011. In this report the beneficiaries w^ere 
divided into two classes, those who had served not less than one 
year and those who had served two years or more. Those who had 
served less than two years, but not less than one year, were retired 
with the following pay: Colonels and those of higher rank, $650 i)ei' 
annum; lieutenant colonels and majors, $500 per annum; captains 
and lieutenats. $450 per annum. Those who had served two years 
or more were allowed the following sums: Colonels and those of 
higher rank. $000; lieutenant colonels, $800; majors, $700; captains, 
$000; and lieutenants. $500, no one to be eligible to the benefits of the 
retired pay until he had reached the age of 70 years and no one to 
receive any pecuniary benefit under the bill whose income was $1.'J0() 
per year. 

The Military Affairs Committee of the House, on April 18, 1010. 
through Mv. Prince, submitted a favorable re]>ort on II. R. 18800, in 
which the minimum service was fixed at six months, and one-third 
of the initial pay received l)y officers of like raidv in the United States 
Army was awarded to each beneficiary, jirovided he had served for 
a period of not less than two years, and a ])roportionate lesser amount 
to those who had served for a shorter period of time but not less than 
six months. It was further i)rovide(l that no officer should receive 
less than $400 |)er amium. and no officer who had served for a period 
of two and a half years or more should i^ceive less than $000, and no 
officer of any rank to receive more than two-thirds of the present pay 
of a captain of Cavalry in the Regular Army. The bill was amended 
in other particulars and contained a new section that all enlisted men 
wdio had served 00 days or more and whose physical or mental con- 
dition was of such a degree of disability as to require the frequent 
and periodical aid and attention of another person should receive 



CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 7 

$30 per month. Neither of these reports were reached on the calen- 
dar for consideration prior to the adjournment of the Sixty-first Con- 
gress, and little regret for such failure was felt or expressed by the 
woidd-be beneficiaries for the reason that they failed to do justice 
and equity to the surviving Civil War officers. 

At the hearings before both committees Gen. A. B. Nettleton, since 
deceased, was chairman of the executive committee and represented 
the officers in the presentation of their claims. His argmnent was 
an able and convincing one and I shall, with your permission, submit 
a portion of it at tliis hearing for the consideration of your com- 
mittee. 

In the reports of the Senate and House Committees on Military 
Affairs just referred to the justice of our claims and the obligation of 
the Government to meet them was fully recognized and in every par- 
ticular conceded, as an inspection of said reports will disclose; and I 
shall not trespass upon your time by a rehearsal of the argmnents 
contained in Gen, Nettleton's address. I must, however, in justice 
to the splendid body of comrades whom I represent on this occasion, 
and especially on account of their advanced age and feebleness and 
the brief allotment of time yet left to them, present their cause from 
a slightly different viewpoint and supplement with some additional 
facts the arguments that have heretofore been so cogently made in 
their behalf. 

And, first, as to the equality of treatment of the regular and volun- 
teer forces, as promised at the beginning of the war, I call your atten- 
tion to the statement submitted last February to the Senate by the 
Secretary of War in compliance with Senate resolution No. 221. 
This statement shows the number of officers and enlisted men on the 
retired list of the Army February 23, 1912, of what rank, and the 
total amount of yearly compensation paid to such officers and enlisted 
men. The officers number 1,004, and their average retired pay is 
$3,310 per annum. On this list are many officers retired with rank 
and retired pay one grade above that actually held by them at the 
time of their retirement. Between six and seven hundred Regular 
Army officers have been given the benefit of increased rank and i)ay 
upon retirement solely in consideration of their Civil War service — 
whether as officers or enlisted men — rendered 40 years previously. 
According to the report of Secretary Stimson the enlisted men num- 
ber 3,339, and their average yearly retired pay is $T1S.91. Of these 
enlisted men, 590, or IT^ per cent, ''served creditably during the 
Civil War" and receive pay of the next higher enlisted grade u))on 
the retired list by reason of such service, so that evei'v officer and 
enlisted man now on the retired list of the Kegular Army and Navy 
who served with credit during the Civil War is i-eceiving extra pay 
solely on account of such service. 

This is just as it should be and is a proper recognition on the part 
of the Government of the high character and value of the soldiers' 
service in defense of the Nation's life; but it is sadly out of harmony 
with the Govermnent's pledge, as Ave understand it, made at the 
beginning of the war. that there should be absolute equality of 
recognition, consideration, and reward for Civil War service as 
between the volunteer and the reoular forces, rank for rank. 



8 CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 

Senator Warner, in reportino- S. 41So February 20, 1011, used the 
following language : 

At the bei^imiini.': of tlic ('i\il W;ir. when for llic lirst tiiiK" on ;i .ui.s;;uitic scale, 
the Nation was reqnin^l to solve the problem of employing side by side, in a 
long ;ind bloody conllict. Regular and Volunteer troops of equal value and 
efficiency. President Lim-oln and the Thirty-seventh Congress ])ledged equally 
of treatment and ivward r's betwcMMi the two lines of service. On the faith of 
this pledge, the I'nion Army was enrolled, and these othcers accepted their 
task. But in the absence of sucli a formal jironuse. failure to enforce that 
equality of treatment and re\\ard between the Nation's conunon defenders 
would have been botli indefensible and suicidal. * * * This rule of the 
square deal, the Ivepublic's word of hon«n'. was observed toward all during 
the years of the war. Since the war it has been uniforndy violated in the 
case of the Union volunteer officers. * '■■ * In contrast with this generous 
Civil War bounty to i-egnlar officers against which volunteer officers have made 
no complaint, consider the fact that no corresjionding and approximate recog- 
nition or provision is made for Civil War volunteer officers, even those of the 
most prolonged, perilous, and distinguished service. Instead of the iiromised 
equality of treatment, a colonel of N'ohniteers who served in the field from 
Bull Kun to Appomallox. and has reached three score and ten. is left abso- 
lutely without recognilion of his former rank and -ci'vices. No jxissible com- 
ment can add force to this simple statement of fact. 

I here quote tlie folloAving langtiage used by iNIi'. T*riiice. from the 
Committee on Militarv Alfairs, in favorablv reporting IT. R. 18899, 
April 13. 1010: 

President Lincoln and the Congress of that period realized that both in tlie 
then iiending struggle and thereafter, such a nnlitai'y combination could not be 
either effect ixc or enduring except through tlie enfoi-cement of entir-^ fairness 
and e(iuality of treatment and reward by the Fe<leral (Tovernment ;;s between 
Kegulars and \'oUmteers. Thei'efore, early in the wai\ they gave to the several 
States and to the Volunteers i)rogressively f>irnishe(l by them assui'ance of 
this eipial protection, reward, and recognition. 'I'liat assurance, mainly 
embodied in the statute of .luly 2"-!. isc.l. is !-easonably understood l>y the 
now surviving volunteer officers .is an eiiuitable giiai'anty that whatever iiro- 
vision the Ctovernment miglit make for old age of its Kegidar Army officers and 
enlisted men because solely of service in the Civil War. it would make equal 
provision for old age of its surviving officers and enlisted men of Volunteers 
because of identical service and sacrifice. This Federal guaranty only reen- 
forced the higher and permanent dictates of natural justice and of enliglitened 
expcHlieney. On tlie faith of this pronnse nearly 2.225.000 Volunteers enlisted 
in the Union Army and Navy, and acco)nplislied tlieir difficult task in the 
greatest war of history. 

Senator Bi?own. As I understand it. that bill is in substance the 
same bill that has been introduced by Senator Townsend, and which 
we have before us ? 

Mr. Torrance. Yes, sir. 

The promise of equality of treatment as to the enlisted men has 
finally been fulfilled, and to-day every surviving enlisted man who 
served in the Union Army receives larger pay in the shape of pensions 
than he ever received as a soldier. 

Attention is here called to a report of Mr. Clapp. of the Committee 
on Naval Affairs, made to the Senate April 4 last, recommending for 
]>assage S. 2G05, which provides that petty officers, noncommissioned 
officers, and enlisted men of the United States Navy and Marine 
Corps on the retired list, who had creditable Civil War service, shall 
receive the rank or rating and the pay of the next higher enlisted 
grade, and if sucii advanced rank or rating does not carry with it an 
increase of pay or if there was no higher enlisted grade to which 
advancement might l^e made, then, and in such cases, said men shall 
receive an increase of pay of 20 per cent over and above the retired 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 9 

pay artuallv received by them, respectively, at the time of the p^i.- 
''SnM^ '•''■ll.l:>. the hnnorable Secretary of AVar api.roved the 
m^oHai of-certan. enlisted .uen of the ^-^-^^l^^y^^^^^'^Z 
the retired list Avith increased pay, by reason ^Sl, \\V' iWorl 
!ervice and the Secretary of the Navy recommended that 11. enlistee 
men^ the N^t and Marine Corps now on the retired ^f^^^^ 
Tre^tired and receive the rank -i" rating and the pay ot the n.xt 
hio-her enlisted o-rade because of creditable Civil AA ar ^cr ice. 

f wo dtls appear that ^ creditable Civil War service is worthy 
of and has received recognition and reward m every msance except 
Tn le cise cff those officers who volunteered, educated themselves in 
miHtaiT tactics, trained their subordinates m the art of war. and .ed 
tlip T'nion troops to victory. . ^ , i i , 

\s art oi my argument I desire to submit and have marked as 
Fxhilts V Tnd B. Senate Document No. 042 and Senate C alend:, 
io 5^ iV^'l^^rt No. 568, Sixty-second Congress, second «'ssion uW 
dso to ubmit in support of my argument an article m;^^:^; ^ ^^:^ 
hibit C" that appeared in the Army and Navy Journal Mai <-h -., 
m^ whidi oi historical value as shoeing the attitude <;t C cng.vss 
nnd of the various States toward the officers and soldiers ot the Ke o- 
^^^^^v\n the way of land grants, said grants rangujg n, value 
from ^640 to a private soldier to $25,000 to a major-general. 

T also submi for the information of your committee copies o the 
acJs of Congress of May 15, 1828, June T, f^^^^^'^ 
■M-nviilimr retired pav for t he slirvivoi-s of the hevolutionary Arnij , 
^^nd Pii of he icts of Congress relating to the nghts of survv.ng 
RendTand Volmiteer ottieers in tlie Civil Wur. ino ndnig five acts 
gSing to Jgular oiHcersadvaneed rajd. and ret,r^ 

k^;'^S.Sa;hnTj:ip^r^S,xS,fend 

"'^hese^'lSto be marUe.l •■ Jxh.bit D.'' This exldbit cover, four 

R Letke is esident and Col. F. A. Battey is secretary. T'>- 1« " 
Hon has been printed in pamphlet form and the reasons ""< » S". 
mentfin support thereof cover 21! pages. I now hand a copy the. eot 
to the cha 'nan of this committee, and will take pleasure in f "".f h" 
L a copy to e.ach member of the Senate Committee on Miliary 
"lairs 'iMso. all your attention to. ancl j«-- ^''t'! y°- ^Hob ' 

;,^i;"::^ rt '^^i:? f;s'^'ri^er^^ft.^f; \i:^ 

vXinteer Officers of the Civil War. which presents with convincing 
clearness the grounds upon which our claims rest. 

Both these briefs are well worthy of your careful consideration. 

OFFICERS DISCRIMINATED A(;AINST. 

Durine- the war the officers enjoyed some distinction. Their gal- 
lon trv and fiddity to duty was a matter of world-wide fame and 
atoat'om In countless orders, general and special, they were com- 



10 CIVIL WAR VOLUNTEER OEEICEHs' RETIRED LIST. 

mended for gallant and nieritoriuns conduct on fields of battle. Pro- 
motion followed jironiotion, and commission after connnission was 
issued to these splendid war-tested and capable officers, a large per- 
centage of whom were promoted from the ranks as a reward for their 
steadfastness and good behavior. Many of these commissions bore 
the signatures of Abraham Lincoln, and to others was affixed the 
names of such great war gcnernors as Andrew G. Cnrtin, of Pennsyl- 
vania; Oliver P. Morton, of Indiana; and John A. Andrews, of Mas- 
sachusetts. 

When the annies of Meade and Sherman marched in grand review 
at Washington in 18G5, many of the regiments, batteries, and squad- 
rons were by reason of the casualties of battle commanded by line 
officers, and even though in command of a lieutenant every noncom- 
missioned officer and private in the ranks Avho had followed the battle- 
rent flag was i)roud of his commander because he had shown himself 
worthy to lead and had in a conspicuous manner added to the honor 
and fame of the command. There was no jealousy then between the 
officers and the enlisted men, and the better the soldier's record the 
more highly he esteemed and honored his commanding officer. Not 
until years afterwards coidd a soldier be found who would speak in 
disparagement of these officers who had l)een selected for special 
honors, duties, and responsibilities by the innnortal I^incoln and the 
great wai' goxcrnors. 

Not until |)eusions and politics became l)edfellows did the peace 
veteran undertake to dis])lace the war veteran and become the self- 
apjjointed hero of the gi'eat conflict for the ])reservation of the Union. 
Not until DO days* service was made (he sole basis for recognition 
by the Nation of her defenders in the greatest crisis of her history; 
not until the volunteer oHiccrs of the I nion Army wei'e reduced to 
the ranks: not until tlie bronzed xetci'ans who. under (irant. fought 
from tlic Kapidan to Appomattox, and the seasoned soldiers that 
marched \\ itli Shermnn to the sea. \vcr<' re<hiced to the level of the 
men of !M) days' service — most of whom never saw an armed Con- 
federatc — did it become ne<'essary to belittle the officers and to 
eliminate all (listincti(^ns not only between the t)fficers and men. but 
l)etween those w ho had a brilliant military ser\ ice to their credit and 
those who had none; between those whose breasts Avere decorated 
with honorable scars received in the forefront of hattle and those 
whose ])ockets offensively bulged with excessi\e bou.nties. 

No wonder that the officers of that great war have remained silent 
fo]' almost half a century. Tender such i-onditioiis their place was not 
at the front as in the former days, but in the rear. Nevertheless, 
many of them were compelled, by I'eason (d' advancing age and the 
infirmities of life and linancial distress, to ap])ly for the I'elief be- 
stowed f(U' a service of 00 days. 

Minnesota, the State of my residence, is honored with the presence 
an<l citizenshii) of about ."UIO surviving ITiiioii officers of the Civil 
War. Among them ai'e two l>revet nuijor generals, three brigadier 
genei'als. and five brex'et brigadiei' generals. One of them received 
the surrender of ]Mol)ile. 

()iH> stubboi'jdy and braxely held the giouud at Oedar Creek until 
the ;!rri\'al of »Sheridan. ( )ne led a l)rigade of troo])S on the victori- 
ous field of Nashville, and two connnanded brigades under (xen. 
Sherman. All are over 7.") vears of ao-e. three are over SO vears of 



CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 

age, and under the pension laws as existed prior to May 11, 1012, 
none of tliese distinguished ofiicers coukl draw a pension in excess of 
$20 per month or an amount equal to that received by a soldier who 
had served for the brief and uneventful period of 00 days. 

The mere statement of such a fact ought to move a patriotic Con- 
gress of a grateful Nation to immediate action in behalf of this de- 
serving class of her soldier citizens. The injustice so long inflicted 
upon the Union officers composed of a class of men selected and 
approved by reason of their special qualifications, fitness, and trust- 
worthiness should be righted without further delay. It is due to 
them personally. It is due to the memory of their associates wdio 
have 'gone to their honored graves. It is due to the great Nation 
whose aliundant life is in large part the result of their fidelity, skill, 
and self-sacrifice. 

We do not ask that retired pay be given to every officer, but only 
to those whose service was for a period of at least six months, unless 
disabled in the line of dut3\ We desire it to be a roll of honor, of 
merit and high distinction — one that the Nation will be proud of, 
and one that Avill advance and emphasize the standard of worthy 
military service. 

Our re((uest is nu)-^t reasonable, and avc wish to urge our just 
claims with becoming modesty, and ai'e willing in our old age to share 
in part with the (iovernment the financial burden that the enactment 
of this law may impose. 

Arguments have been earnestly urged in behalf of those officers 
whose term of service was ld^s.,thaii six months, but we have not 
thought of departing from the six months standard. Many have 
insisted that we should be retired on three-fourths })ay, and in the 
judgment of my committee such a contention is justified on moral 
considerations and by legislative precedent, but to evidence our 
willingness to share public burdens noAv as we did in the sixties we 
are content to be retired on half pay with the limitation that no 
officer, however high liis rank, shall receive more than three-fourths 
of the initial active pay now received l)y a captain in the United 
States Army. This would limit the pay of a major general to $1,800 
l^er annum, and company officers would receive from $850 to $1,200, 
according to rank, j^rovided they had served for a period of not less 
than two years. 

If such service was less than two years and not less than six uionths 
then they would receive an amount bearing such proportion to the 
retired pay as such term of service l)ears to the Uxo years. In other 
words, if the service was one year it would be one-half that which an 
officer of the same rank who served two years would receive, and 
right here it should be stated that since the bill under consideration 
was introduced in the Senate the pension rates have been materially 
increased, so that the passage of the bill in its present form would not 
be of any pecuniary benefit to a large number of the surviving line 
officers. For example, a second lieutenant who had served but six 
months would receive but one-fourth the amount that an officer of 
the same rank would receive who had served two years, viz, $212.50, 
which in practically every case would be less than such officer would 
receive as a pension. The same result w^ould attach to many first 
lieutenants and to some captains. 



12 CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 

The bill should therefore l)e amended providing- that no officer 
eligible t() benefits of the act should receive less than $400 per annum, 
and that an officer who served for a i)eriod of two and one-half years 
or more should receive not less than $600 per annum. 

This would conform to bill IT. K. 18S01). Sixty-first Congress, 
favorably reported by the House Committee on Military Affairs April 
13, 11)10. Report No. 1010. A provision of this nature seems neces- 
sary to do justice and equity between the officers themselves and to 
give proper recognition to those of low rank and long service, most of 
which was rendered as enlisted men. 

INCO:\[E CLAUSE. 

Strange as it may seem, the paymaster deducted a r> per cent 
income tax from our pay for the support of the war to which we had 
already dedicated our lives. To this we made no objection, but we 
do desire to enter an emphatic protest to the insertion of an income 
clause in any bill that this committee may report in our favor to the 
Senate. Such a ])rovision was inserted in the report of tlie Senate 
Committee on Military Affairs made Fel)ruary 20, IDll, and met with 
universal disapproval on the part of the officers. It has ne\ er found 
a place in tlie pension legislation of the country, and should not have 
one in this measure. It w^ould defeat the purpose of making the roll 
a roll of honor. Some of the most worthy and distinguished surviv- 
ing officers of the war would, if such a clause were inserted, be 
oxcluded from its benefits. Those who would be entitled to its 
benefits would feel humiliated in being compelled to disclose their 
poverty. The surviving officers would be divided into two classes — 
the so-called well to do and those whose last days were days of penury. 

Such a clause or condition in the bill Avould be wholly contrary to 
its spirit and purpose and w^ould be the Government's final word of 
discrimination against and disap])roval of this gallant and historic 
body of men. Patriotism and parsimony should not be compounded 
in the cuj) of honor that is offered to these heroes as they Avave a 
final salutation to the land they love better than their lives. 

(■()X(I>1 SKtX. 

It is now fixe years since I iii'st became interested in the enactment 
of the xohiuteer officers' retired bill. T was then ('»•) years old. and 
fi-oiii the beginning 1 faA't)re(l an age limit of "0 yeai's. The divine 
ordinance lixes the boundary of human life at three score years and 
ten. and it se(>me(l to me that no legislati\e body could turn a deaf ear 
to the }u>{ and reasonnl)le re<|uest of a class of venerable gray-haired 
men who in their eai-ly manhood had given to their connti'v in her 
hour of <'x!reinity their sn])r(int> ser^■ice and devotion. 

It seemed to nie that a sim])!e suggestion was all that would be 
necessary und that tlie (iovennnent thr.t liad grown great and 
prosjicrous throngh the ^elf-denials and sacriHces of these men would 
liasten to l):'stow noon them ^uitabk' recognition and rewards. But 
I was in a niea--nre mistaken. The Nation that once was claimed to 
b(» a rope of sand had become a great and mighty world i)ower. It 
had l)ecome so Ijusy and deeply intei'ested in the world's affairs that 
it had not time to stop and consider the claims of those of its own 
household. It could hear the cry of distress and stretch out its 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 13 

strong' arm across the sea to help alien people, and was so rich that it 
could freely expend ^aOO.OOO.OOO in a policy of friendly intervention 
toward the people of Ciil)a and t,he Philipj)ines. but thus fai- it lias 
failed to do justice to those who in the old and now almost forirotten 
time had been the Nation's shield and defense. 

Durino; these years of waitino- all my predecessors in office, v.ith 
the exception of (len. Salomon, have passed to their reward, and the 
gap between Cio and TO years has almost closed. 

Bi(rden>ome and discouraging as at times my work has been, it 
has always been a labor of love; and though it should residt in fail- 
ure I shall not complain, for I Avould rather labor and lose in behalf 
of my fellow ofKcers of the Civil War than to labor and win in a less 
worthy cause. But, gentlemen, I feel sure that you will deal justly 
with these men. I am confident that j'our sympathv and apprecia- 
tion go out to these veterans. 

I doubt not that your judgment will be in accord with that of 
your colleagues, who heretofore have conceded the claims of these 
officers and the obligation of the Government to discharge its too 
long delayed duty toward them, and that your committee will speedily 
report in favor of the passage of the bill under consideration. 

I thank you for your considerate attention. 

Senator Brown. We thank you, General, for your presentation, 
and will be very glad to hear from any of your comrades who are 
here. 

Mr. Torrance. I will call on the other member of the executive 
committee present, Col. Hesseltine. He with a number of other 
gentlemen have just reached Washington this morning, and I have 
not had opportunity to plan or arrange for the order of speaking. 

STATEMENT OF LIEUT. COL. FRANCIS S. HESSELTINE, OF BOSTON, 

MASS. 

Senator Bro^vn. Col. Hesseltine, will you please state your full 
name ? 

Col. Hesseltine. Col. Francis S. Hesseltine. 

Senator Brown. Where do you live? 

Col. Hesseltine. I live in Boston. I was captain of the Third 
Maine Regiment, lieutenant colonel and colonel of the Thirteenth 
Maine. 

Senator Brown. Are you a member of the executive committee? 

Col. Hesseltine. I am a member of the executive committee, and 
I am also here as president of the Massachusetts Association of 
Union Volunteer Officers of the Civil War. 

I have reached the age of 79 years. I have come back here in 
gray to-day. as I came here in 1861 in gra}', wdien I slept in this 
building with ni}' company over night wdien we landed here in Wash- 
ington. Gray as well as IjIub may now be a national color. 

The fact of the Nation's call for volunteers, its indebtedness and 
obligation to those who responded, and its duty to promptly recog- 
nize and express its gratitude to the surviving volunteer officers is 
well known and almost universally acknowledged. That the country 
would gratefully remember and reward those who responded to its 
call for the preservation of the Union, as it did in 1828 reward the 
surviving officers of the Revolutionarv Armv. who secured our inde- 



14 CIVIL WAR VOI.rXTEEK OFFICERS' RETIRED LIST. 

peiideiice, Avas jJiiblisluHl as an incentive to induce men to respond in 
the days of our greatest ])eril. This was publicly expressed in the 
dark days of lS(i;j. when the struggle for national life was as severe 
and strenuous as in the darkest days of the Revolution. 

The day after tlie First Battle of Bull l\un, when the country was 
staggered by the disastrous defeat and rout of the only organized 
Union Army, and the victorious enemy were only a two days' march 
from the Capital. President Lincoln issued a call for ^^)00,000 volun- 
teers, declaring that they should have an absolute equality of recog- 
nition, consideration, and reward for their services with the Regular 
Army, rank for raidc; and Congress, by an act on July ^'I, 1861, 
pledged the public faith that the Volunteers should be placed in all 
resjiects on the footing, as to pay and allowance, of similar corps of 
the Regular Army. The volunteers are justly entitled, to all which 
has l)een conferred on the Regulars for service in the Civil War. 
The Regular Army oHicers who served a single day then have been 
recognized with increased rank and retired pay. The enlisted regu- 
lar and volunteer soldiers and sailors have now received full pay for 
life as a pension, but the volunteer commissioned officers have not 
l>een granted distinctive recognition, lionorable retirement with re- 
tired ])ay. They ought now from a grateful Nation receive honor- 
able recognition with such retired ])ay as Congress may deem just 
and deserving. 

In answer to the Nation's call, men fitted to connuand troops left 
their professions, l)usinesses. their homes and families, everything, to 
devote their lives and sacrifice them if need be to defend and ]>reserve 
the Union. AVithout their swords, the United States would have 
perished and ceased to exist as a united nation. Whether or nc^ the 
surviving volunteer officers as a matter of right under that call should 
lie recognized and retired 50 years after the successful close of the 
war. the gratitude of the country ought to be expressed to them as it 
was to the Revolutionary officers. 

Hear what noble. ])atriotic men heretofore have said as to the 
Nation's indelitedness to those w-ho devoted their lives to defend and 
save it in time of great peril and what generous effort should be made 
by the country to repay the debt of gratitude. Gen. (xeorge Wash- 
ington said at Newburgh, June 18, 1783, on resigning command of the 
Army : 

111 tliis state of absolute froe<loni and perfect seciu-ity, who will grudge to yield 
a very little of his property to support the common interests of society and 
insure the iirotection of (4ovei'nmentV Who does not remember the frequent 
declarations at the ccmnnencement of the war that "We should be eon\pletely 
satislicd if. at the ex])onse of one half, we could defend the remainder of our 
posscssjdns "V Where is the man 1o I>e found who wishes to remain indebted 
1(U- tlie defense of his own person and property to the exertions, th.e bravery, 
and the blood of othei-s without making one generous effort to reiniy the del)t 
of honor and of gratitude? 

President ^lonroe, in his first annual message, December 2, 1817, 
said : 

In coiitcinplaliiig tlic hapjiy silnalidu of the T'nitcd Stales our attention is 
drawn with |ieculiar interest in the surviving otiicers and soldiers of the llev- 
ohitioiiary Army. wIik so eminently contributed by their services to lay its 
loundaliuns. .Mcsi of these very meritorious citizens have paid the debt of 
nature and gone to their repose. It is believed that among the survivors there 
.-ire Some not provided for ]),v existing laws, who are reduced to indigence and 
ev<'n real distress. These men have a claim on the gratitude of their country, 



CIVIL WAR VOIATNTEER OFFICERS' RETIRED FIST. 15 

;iii(l it will do I'.iium- io tlicir couiUry to [irovide for tiieiii. Tlic hipst' of ;i ftnv 
years more :uul the oiiiiornmity will lie forever lost. Iiidfcil. sc iouu lias idrcndy 
been the iuter\:il that the niiiDher to he he;ietlted hy any iii-c^is'oii which may 
be made will not he ,ij;rent. 

Pre.si<]eiU John Quiiicy A(]aiii:s in liis tir.-t annnal message. Decem- 
ber G, iSiir). referi-ino; to what had already l)een done by the (u>vern- 
ment. said, "More than a milli(ii and a hali' (h Ihirs has lieen devoted 
to the debt of g'ratitnde to the warriors of the Kevohition,'' and in 
his second annual address, December 5. 182G, he said, "'The distril)U- 
tion of the fund of pnblic oratitnde and justice, a million and a half 
in the form of pensions, o()es as a scarcely ade(|nate tribute to the 
servicer and sacrifices of a former age." 

The bill passed by Congress in 1828, recognizing the debt of grati- 
tude to the oflicers of the Kevolution by retiring them with full pay 
for life, was approved and signed by President John Qiiincy Adams. 

President Andrew Jackson in his first annual message, December 
8, 1820, reconnnended the extension of the benefits of the act of 1828 
to every Revolutionary soldier who aided in establishing our liberty 
and independence. He said : 

These relics of the War for ludei)endenee have strong claims upon their conn- 
iry's gratitude and hotinty. Such an amendment is called for hy the symiiathies 
of the people as well as hy considerations of public jiolicy. 

Let me repeat the noble speech of Daniel Webster, delivered in the 
United States Senate .April 25, 1828, which secured the passage of 
the bill retiring with full pay the surviving officers of the Army 
of the Revolution. No more potential words for the passage now by 
this Congress of this bill retiring the surviving volunteer officers 
of the Civil War can be uttered. His arguments were unanswer- 
able then and are now equally forceful, most applicable for the 
passage of the bill pending. The Revolutionary officers secured 
liberty and union; the Civil War officers preserved that Union 
with universal liberty. Hear him. Though dead, he yet speaketh : 

I confess that I feel wounded — deeply hurt — at the observation of the gen- 
tleman from Georgia, when he said. " So. then, these modest, high-minded 
gentlemen will take a pension at last." * * * 

There is. I know, something repulsive and opprol)ious in the name " Pensi<in." 
God forl)id that I should taunt them with it. * * * I, for one, would most 
gladly support such a measure as should at once consult their services, their 
years, their necessities, and the delicacy of their feelings. I would gladly 
give with promptitude and grace, with gratitude and delicacy, that which 
merit has earned and necessity demands. * * * 

How we shall treat them it behooves us to consider, not only for their sake, 
but for our own sake also and for the honor of our country. What we do will 
not be done in a corner. Our constituents will see it, the people will see it. 
the world will see it. 

This is their merit and their gr(»nnd for claim: Th<'y werc^ in the Army; 
the salvation of tlie country depended on their continuing in tliat service. 
Congress saw this imperative necessity and earnestly solicited them to remain. 

A single instance of attiuence or a few cases wliere want does not tread close 
on those who are themselves treading on tlie borders of the grave does not 
affect the general propriety and necessity of tlie measiire. We all know that 
it exists, and we may, I tliinlv, safely rest uix>n it without so discussing it as 
to woimd the feelings which education inspires, the habits of military life 
cherished, and a just self-respect is desirous to maintain. I confess that I 
meet this claim not only with a desire to do something in favor of these officers, 
but, to do it in a manner indicative not only of d<»coruni, but of deep resitect— 
that resjiect which years, age, public service, patriotism, and broken fortune 
tomniand to spring up in every manly breast. * * * 



16 CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 

Mr. I*rosi(leiit. alli)\v me l<i rejicMt (liat neither the subject nor the occasion is 
an ordinary one. Onr fellow citizens do not so consider it: the worhl does not 
so regard it. Tliat was a civil war. It was conunenced on principle and was 
sustained by every sacritice on tlie great ground of civil liberty. They fought 
bravely and bleetl freely. Tiie cause succeetled ; the country triuni]ihed. 

That Army faithfully served and saved the couTitry, and to the country is now 
referred its claim. It laid aside its arms with alacrity; it mingled with tlie mass 
of the community and has waited until, in better times, its services may be re- 
warded and the iiromises made to it may be fulfilled. 

This example is worth more — far more to the cause of civil liberty than this 
bill will cost us. We can not refer to it too often or dwell upon it too much for 
the honor of our country .and its defenders. 

In Jaiiiiai-y and Fel)nTaiT. 1803. Dr. George W. (Ireeiie, j^rofessor of 
American liistorv at Cornell University, a descendant of Gen. Na- 
tlianael Greene, of Kevohitionarv fame, bv invitation delivered before 
the Lowell Institute in Boston a course of lectures on the Ivevohition. 
and ii. ]\rarch and April repeated them before the Cooper Institute 
in New ^'ork (^ity. I'hey Avere ]:)iiblished by Houghton and Mifflin, 
in the citv of Bostcii. Tlie closing section of the seventh lecture was 
an appeal in the time of greatest })eril to men for service, as it is 
to-dav to ConoTess for national gratitude. liistorv repeats itself. 
Daniel Webster, in the ITnited States Senate in 18'28, called for the 
Nation's gratitude to the surviving officers of the llevolutionary 
Army. Prof. Greene, in 18G3. called for national gratitude for the 
men then struggling to save the Union, when the question should be 
brought to the door of our National Congre.ss. We quote to this 
Congress of 1912 his words for it to act and express national gratitude 
in a spirit worthy of a just and enlightened people. He said: 

It was long before the country awoke to its ingratitude toward those brave 
men. The history of our pension bill is scarcely less hunnliating than the his- 
tory of the relations between the Army and the Congress of the Revolution. 

Their claims were disiaited incli liy inci:. ^Nloney whicii should have been 
given cheerfully as a righteous debt was doled out with a reluctant hand as a 
degrading charity. There was no possible objection that was not made by those 
wlio owed the oi)portmiity of discussing the soldiers" claims to the freedom 
which those soldiers liad won for them with their blood. 

Never did Daniel Welister display a higher sense of the responsibililies of the 
legislation than in his defense of tlie bill for the relief of the survivors of the 
Revolution. Thank God that something was done for those men before they 
had all passed away. 

Heaven grant tliat the feeling whence it sprang may be forever rooted out 
from tlie national chara-'ler, and that when a question of n.-itional gratitude, 
which the present war is jn-eparing f(n' us, shall be brought to the door of our 
National Congress, it may l)e met in a spirit more worthy of a just and enlight- 
ened people. 

The call to retire surviving officers is not for pensions, not charity, 
not alms, but for an honorable recognition by retiring them in their 
old age as Congress did the officers of the Revolutionary Army in 
1828. a deserving expression of the Nation's gratitude for the valu- 
al»le services rendered and the results secured half a century ago. 
"What you do will not be done in a corner; your constituents will 
see it; the peo])le will see it; the world will see it. The honor of 
our country, united and prosperous, in the cause of civil liberty 
demands it.'' 

Mr. Torrance. Mr. Chairman, we would like to have a few words 
from the Senator having in charge this bill. Senator Townsend. 

Senator Brown. We will be very glad to hear from him. 

Mr. Torrance. He has been very earnest in his advocacy of this 
measure, and \ve are very much indebted to him. 



CIVIL WAR VOLUXTEEK OFFICERS^ RETIRED LIST. 17 

STATEMENT OF HON. CHARLES E. TOWNSEND, A SENATOR 
FROM THE STATE OF MICHIGAN. 

Senator Towxsem). ^Ir. Chaiinuui, I would prefer not to say any- 
thing at this time, but there are some thinas that perhaps I ouaht to 
say. 

I realize that the men here who are vitally interested in it and v\'ho 
have liAed thronah all the experiences which have made this thmg 
necessary are able to impress their case more forcibly and eloquently 
upon you than I, and yet there are tv;o or three thinas which moved 
me in takina an actiAe part in this proposed measure, and of those I 
want fo speak very brielly. 

I aai'ee with all that (xen. Torrance has said and with all that these 
other men have said in reference to the implied and express obligation 
which tlie (lovernment entered into at the time these men entered 
the service. It is simply a surprise, to the man who has not given 
study to it, how clear the statement of the Congress and of President 
Lincoln ami (d' the governors of the States was to the effect that 
these men should be treated the same as the Kegular Army oiHcers. 
Our legislation since then has recognized one portion of the volunteer 
officers — those officers in the volunteer service who renniinetl in the 
Regular Army after the war was over. They were recognized under 
the statutes of the country because of the service which they rendered 
as Volunteers, and they were retired under various laws of the Con- 
gress at an advanced rank, because of the fact that they had served 
one or more days in the \"olunteer Aimy. 

There has been some opposition to this proposition. Some of this 
opposition comes from the enlisted men, wdio were not officers. It 
comes from that class of the Volunteers who have been noisiest, and 
not necessarily from the class who were the most loyal soldiers. I, 
myself, have received letters from juen wdio have protested against 
the })assage of such a bill for the reason, they said, that they endured 
just as much as the officers did; they ottered their all on the altar of 
their country, and that is as much as an officer could do. I have 
i)een interested in looking up the writers of some of those letters, and 
I have discovered that most of them were men who otfered nothing, 
so far as actual service was concerned. I do not want to belittle them, 
I have never said an unkind thing about an old soldier. North or 
South, because I regard them as peculiarly the objects of a country's 
gratitude. But I have been pained to notice that the least Avorthy of 
the class of soldiers — if we can separate them into classes — have been 
the ones who have jirotested against the partiality, as they call it. of 
tlie Covernment. 

For myself, I am not looking at this question so much from the 
financial standiioint ; I do not care so nnich about the size of the 
emolument, although tlie Government ougiit to do its duty in that 
respect. I have l)een contending for a recognition of a principle. 
The world, from the l)eginning, has recognized the fact that there is 
a difference l)etween tlie officer and the man. It recognizes it in the 
fact of sui)erior ])ay, to begin with. These men were selected as 
officers because of theii" j)eculiar fitness. They mustered the troops, 
very largely. All over tlie North these men went out and organized 
companies and regiments, and were commissioned by the governors 

(is< >."),")— 12 2 



18 CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST, 

to take charge <if tlieiii, and they did take cliavi>e of them. These 
men should be recognized in the interests of patriotism, in my judg- 
ment. 

It is said that the lleguhir Army otiicer should he treated dilferently 
from the volunteer, because he has been rendering his service to the 
country since the wai'. Yes, that is true: but it has been a most 
desirable one, from every possible standpoint. A num who was in 
the Regular Army, without any immediate prospect of ever having 
to risk his life or health in actual service, has been given a position 
of importance socially, his future has been cared for — it is a job for 
life, and as for these few men who went out of the Volunteer Army 
and entered the regular service, I do not want to detract from their 
patriotism, but I want to say that in time of peace it was a very 
natural thing, and a very nice thing, and has been a very splendid 
thing for men in the Regular Army. 

On the other hand, these men, many of tliem, who might have 
remained in the Regular Army, left the service with their scars on 
them, many of them in broken health, and took up the work of peace. 
They helped to rej)air the ravages that were wrought during the 
awful period of the Civil War. And so. for me, I can see reasons why 
possil)ly the volunteer oiHcer ought to be recognized over the regular 
officer. But I can never see how it is any way right to jnit him below 
the reg'ular officer. 

jNIr. C'hairnuin, (Jen. l'(»rrance, who has charge of this conunittee, 
succeeded (len. Salomon, with whom I was closely related, a man who 
with the l)urdeii of this great work has broken down. His predecessor 
Was (tcu. Nettleton, a sweet character, a splendid gentleman, who 
ottered np his life for this particular work — because he was not 
strong. None of these men are strong. r>ut he t(M)k it uj) and put his 
whole life into it, and died in the harness. 

Gen. Torrance says that he has favored the 7<>-year age limit, and 
that he is willing that that i)rovision shall be inserted : that this recog- 
nition shall not begin until these men reach the ageof TO. Personally, 
I would like to wij)e that out. I never have l)een in favor of any age 
limit. I am (|uite inclined to favor ])utting in a jirovision, saying, for 
instance, that they shall have had a service of six months at least, 
possibly; but there should be no age limit in this proposition. Every 
officer who served six months or more should be recognized upon this 
roll of honor. I can not see it in any other way. If it is a matter of 
right, then we ought to recognize it as such. The amount of i)ay is 
going to be small. 

Again i-everting to the fad that the volunteer men have been 
opposed to this, some of them; yet. gentlemen, you know as I know, 
who have served in Congress, that whenever there has been any 
pension legislation up in Congress looking to the beneht of the i-ank 
an<l file of the Civil War. the men who have been selected to take 
charge of it have generally been officers of the Ci\ il War. They have 
l)een here working in the interests of the men. ;i!id they have said at 
this time, during the recent legislation that lhc\ had. "We do not 
want to ])ush this matter. Wait nntil the uhmi have been cared for. 
and then we will come forward and take our chances, although we 
have had oiu' case pcMiding here for years, and some of us will droj) by 
tlio Avav workinii' to secure the verv thinii,- we arc all after." 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 19 

So that SO fur as selfishness is eonceriied, Mr. Chairman and 
Senator Johnston, I do not think anything can be charged to the 
vohmteer officers on that score. They have been very unselfish. 

This amount is not going to l)e very large, and it will not last for 
long, because the officers are older than the men. They were older 
when they enlisted, more experienced wdien they went into the 
service. Their average age is far above the average age of the 
volunteer in the ranks ; and this list is going to be reduced year after 
year, and very rapidly, until in a very few years more, 10 at the out- 
side, there wall be no burden upon the Treasury on account of any 
claim that will be presented by the volunteer officers. 

But, Mr. Chairman, just one thing more. We recognize that it is 
now late in the session, and perhaps it will not be possible to get 
this acted upon favorably in the Senate. It will be a great comfort 
to these men if we can get a favorable report from the committee, and 
T think w^e could get it through during the next session of Congress 
without having to come to the committee again. I would like to 
have this presented in the true light to the wdiole committee, and a 
favorable report obtained from that committee, and let us take our 
chances on the fioor of the Senate and House of getting this matter 
passed, as it ought to be passed. It is right, it is everlastingly right, 
gentlemen. I do not believe you can look at it in any other light 
when you see all the facts and all the circumstances surrounding it, 
knowing what we were pledged to do and what we have failed to do 
up to date; and therefore, being right, it seems to me that the least 
wc can do now is to present it to the Senate for its favorable action. 
I believe in it from the very bottom of my heart, or else I Avould not 
present it. I think it is a matter of justice and right, and that it 
ought to be acted upon affirnuitively and favorably. 

Mr. Torrance. On behalf of the officers who are present, and 
whom I represent, I must enter a word of appreciation and gi'ateful 
acknowledgment to Senator Townsend for his earnest and sincere 
appeal made in our behalf. 

As to the 70-year limit, I spoke for myself when I referred to that; 
and that is one reason that I have willingly given so much of my 
time in support of this measure, because I had no assurance that I 
would ever receive a dollar of b(*nefit under it, and it left me freer to 
work for these older men and my superior officers, for whom I enter- 
tain the greatest veneration. 

Senator Brown. You are only 68? 

Mr. Torrance. Yes. 

Now, following Senator Townsend. I wish you to listen for a few 
minutes to a few words from the rank and file as exj^ressed by my 
friend Corpl. Tanner, past commander in chief of the Grand Army of 
the Republic, who is most favorably known from one end of the 
country to the other. 

Senator Brown. We will be very glad to hear from Corpl. Tanner. 

STATEMENT OF MR. JAMES TANNER. 

Mr. Tanxek. I am the only individual present who has no material 
interest in this matter, for the reason that I ne\er got out of the one 
grade. Starting from the farm, boarding the first railroad train I 
ever saw in my life — I was just past 17 — looking for a uniform and a 



20 CIVIL WA!{ \"()LUNTEER OFFICEEiS' EETIRED LIST. 

gun. and o-etting those, and getting something else. T was ninsteredf 
ont by Stonewall Jackson's .Vrtillery after lo months' serxiee. and 
yet there i.^ no mini here who feels more earnestly in fa\or of this 
matter than I do. I am not l)oasting, and I think 1 am stating a 
straigiit fact when I say that there is not and has not been for many 
years any man in the United States who has pers(»nally met mca-e of 
the snrvixors of the Union Army than I have. I have been migra- 
tory in my dis])osition at times and ha\e eovered the conntry. But 
just to-dav I am thiidcing of an object lesson. I am thinking of the 
gallant sonl who i-ode at (he head of my regiment. A\'e were at 
Yorktown and at Willianisbnrg: and at Fair Oaks the colonel went 
down, shot throngh both thighs. We were driven back and he was 
talven pi'isoner and was ke|)t in the hospital a long tini(>. in Ivich- 
mond, and when he cjinie ont he fonnd tliat the i-egiment was consoli- 
dated with another regiment, and he was nnistei-ed ont of the service 
with his oflicers bef(tre he liad l)een exciianged. 'i"o-day he sits in a 
modest room over in Jersey City, !»! years of age, livijig on a pension 
of $^0 a month, rejoicing in the fact that the bill yon recentlv enacted 
into hiAV jMits him np $10 more. I am impressing nj^on onr genial and 
splendid Connnissioner of Pensions that he has got to hnrry np in 
that case or (lod will get him before tlie pension increase gels him. 

One thing, fnrthei'more, th.at I desire particniai-ly to s|)eak on is 
this. I think. Senator Townsen<l. yon specialized it jnst right, when 
yon sjioke (d" the fellows who make the most noise, who in the ranks 
are protesting against tins measnre of jnstice for those who held com- 
ndssions. P)nt I mnst deny that that ))ermeates those of ns who 
formed the rank and file to any consideral)le extent. A mass of men 
withont training and withont leaders was bnt a mol). It is all very 
well to say. and I have said facetiously, at times, at various banquets 
where the Loyal Legion ha\e honored me by asking me to be their 
guest — in a jocose spirit I have said — that while tlie officers were use- 
ful under some circumstances, still it w-as absolutely necessary to 
have us of the rank and file to do the shooting. But that, of course, 
was in a jocose si)irit ; and the leadershij) that was exhibited w^as 
magnificent in its character, and without it our cause would have 
utterly failed. 

That war was greater tlnin mo-t peoj)le stoj) to think, because it was 
a war between Americans. I am moved to say right here that you 
may hunt the history of all the wars that continental P^urope has ever 
engaged in and you will find no record of a single regiment wdiich in 
one engagement lost 50 per cent of the force that it took into action. 
We on the Union side have a record, clear and distinct, of 100 regi- 
ments which lost from 50 to 80 per cent, the SO per cent being when 
Hancock was forced to sacrifice the First Minnesota at Gettysburg. 
It contains its own comparison, because of course when we suffered 
such loss it was because we met men on the other side who were 
American soldiers; and none better on God's earth, anywhere. 

I feel perfectly happy in what the TTnited States has done for its 
surviving officers and their widows. Those who voiced the sentiment 
long years ag<> that Republics were ungrateful had not had much ex- 
perience with the United States of America. I remember a few years 
ago — quite a nmnber of years ago, in fact — wdien for several succes- 
sive years I w-as on the pension committee of the national body of 
the Grand Army of the Eepublic, and we got out here to secure legis- 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 21 

lation on specific lines. Pensions were ninch lower then than now, and 
onr committee sat down in the El)l)itt llonse. and lookino- over the 
list of Congressmen, certain Congressmen were being allotted to this, 
that, and the other one of iis. There were 2() ex-Confederates in the 
House at that time, and onr chairman said, '' Well. Tanner, yon know 
a lot of these fellows. We will give you the bunch." I said, '' I will 
take them ; '■ and the next day I came up here and introduced myself 
to Gen. Charles Hooker, with his one empty sleeve. I told him 
who and what I represented and wdiat we were after. He did not 
give me time to get through. His one hand went up to my shoulder, 
und he said, " You don't have to say anything more to me. If we liad 
won, we would have pensioned onr boys royally." He said, ''We 
have h'st all, and we can not expect that; l)ut you can count on me 
for the highest figure, every time." Then Gen. Joe Wheeler. 20 
minutes thereafter, said, "Put me with Hooker": and we had the 
vote of every ex-Confederate that was in the House. 

On another occasion 1 sat in the gallery and saw a spectacle when 
the bill was reported from the Pension Committee of the House. The 
House was then Democratic, and they were striking a blow at the 
widows that hurt, and I saw Amos Cumnungs. a splendid man, rise 
and break from his party on that point, and again I saw cx-Confed- 
erates vote Avith Cummings. and they beat the report of the commit- 
tee. I specify these tilings to show that we remenil)er them, that we 
are grateful, and that we are confident. Standing to-day as we do 
with the splendid surroundings and the magnificent prospect we 
have, and in the position that this country occupies, with the faith 
that we have in ourselves, and the knowledge that we have that there 
is just as much loyalty to the flag and the Constitution down below 
Mason and Dixon's line as there is north of it^and God knows we 
had that exemplified in the Spanish War — I say to you, gentlemen of 
the committee, that we come asking for this measure; and do not 
understand that we come asking with the slightest shadow of com- 
plaint in our hearts. We come with tlie very spirit of exultation, 
but we do ask that the men who led us with leadership so necessary, 
who pressed forward so valiantly when death was devastating our 
ranks, shall have this, and it is up to what should l)e demanded by 
your individual, your collective, your political, or your personal 
pride, that the men who so worthily wore the uniform of the Gov- 
ernment in the days when the Nation was battling for its life should 
not be denied the connnon necessaries of life now. I am satisfied, 
from what I have heard and seen, and what 1 have expressed, that 
this nuilter is in safe hands, and I have no doubt Senator Townsend 
voices it when he says that it is late in the session, and probably you 
can not get it through lo-day. or this session: !)ut it is also true that 
by the time the next session comes many who wouhl be beneficiaries 
if it should pass now will be under the sod. We have got to take 
those chances in this life. But give us tlie rej^ort of this couunittee 
for present and future use. 

Mr. Torrance. Mr. Chairman. I desire very much tliat the Grand 
Army of the Republic, through its commander in chief and adjutant 
general, Coi. Koch, who is here, should be heanl briefly. 

There are a number of gentlemen here whom I would like to call 
upon, and I think some of them have briefs, which I will ask them to 
submit, if they can be printed. 



99 



CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 



Senator Brown. Tlie oonimittee would be very glad to have any 
written briefs or arguments that anyone has. 

Mr. Torrance. There are several here, and I will hand them to 
the stenogra]:)her : but I would like you to hear the adjutant general, 
Col. Koch, if you will. 

STATEMENT OF COL. CHARLES R. KOCH. ADJUTANT GENERAL 
OF THE GRAND ARMY OF THE REPUBLIC. 

Col. Koch. If you will permit me. I will treat this subject from a 
more practical standpoint than that which has been presented here- 
tofore, and there is a practical bir-iness side to this proposition that 
I believe has never been touched upon. 

Exhaustive arguments have for several years been presented before 
the ^Military Committees of l^oth Houses of Congress in favor of the 
creation of a volunteer retired list of the Civil War. In these the 
military history, the precedents, and the various enactments by Con- 
gress have been thoroughly exploited, as well as the expressed views 
of the first civil and military leader of our country. George Washing- 
ton, and tho>e of the great statesman. Daniel Webster. All of these 
clearly show that in tlie organization of our armies, from the earliest 
days of our national development, there has always been a diiference 
between the duties and rcs])onsibilities imposed upon commi>sioned 
officers and upon enlisted ruen: there has also always been a differ- 
ence in the compensation, eu.ioluments. or rewards bestowed upon 
such officers and eidisted men by our Government. The ]Dension law 
enacted in 1nOi> amiulled and abrogated this Avell-established. essen- 
tial, and statutory distinctioji so far as it concerned the surviving 
(officers of the great war that resulted in the restoration and preserva- 
tion of the I^nion by >aying that " rank should not be considered " in 
these disability ]:)ensions. In effect this act degraded all these officers 
and took from them distinctive rights theretofore always not only 
conceded to them, but rights that had been well established in laws, 
regulations, and orders. Take the rank of captain, for instance, and 
his rate for disal)ility was about three times that of an enlisted man 
during the Civil War. 

This degradation lia- been perhaps unconsciously heaped ti})on 
a '-lass of deserving citizens. l)ut the Army and the Navy of the 
United States noAv in s(u-vice. and the National Guard of the country 
that niu>t be relied upon to meet the first emergency call, if otir 
country should be so unfortunate as again to need soldiers for war, 
are still permitted to work tnider the old system that makes a dis- 
tinction in the reward for service between officers and enlisted men. 

It must be rememliered that to some extent the blame of this 
unfortunate degradation is not entirely due to Congress. The sense 
of r(>sponsibility for the comfort and care and well-being of the 
enlisted men. which during the four years of war grew into a habit 
with the officers, had much to do in their silence and in their neglect 
to protest against the degradation heaped upon themselves. They 
realized that po.-sibly. if they shoidd insist upon a continuance of 
the prerogatives guaranteed them by law and precedent, they might 
injure the securing of needed benefits by the enlisted men who sur- 
vived the war. and therefore they stepped aside in order that the 
great majority of the veteran soldiers of the country might derive 
such benefit as these enactments gave them. Their acquiescence 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 23 

without protest removed any dano-er there might have been tliat 
the bills should not pass. It was always the ofhcers' bounden duty 
to give first consideration to the care and comfort of the men. In 
this, we believe, the surviving officers have been consistent through- 
out these many years, which has been finally proven in the gener- 
ous pension act ])assed by the present Congress, which practically 
gives the enlisted man the full pay of his rank, and in some instances 
more. 

It seems now eminently proper that Congress, having dealt not only 
justly but generously with the men who carried the guns, should 
also now deal justly with the officers who trained them, who led them, 
who were res])onsible for tliem, and who have ever since, in times of 
peace, commanded the respect and affection of these enlisted men. 

It seems time that the rank and emoluments to which tliese officers 
are entitled, and which were taken from them by the error of the act 
of 1S90 and subsequent acts, sliould be restored to them. In addition 
to the many precedents for distinction between officei-s and enlisted 
men that have always existed in our armies, we beg to call attention 
to the following : 

During the War of ISIU-ISC).") a cartel foi- exchange of prisoners 
existed between the two contending foi'ces. Rank was then con- 
sidered. It requ.ired the turning back of eight ju'ivates in excliange 
for a captain, for instance. 

From 186l' on. the (Tovcrninent offered bounties for enlistments. 
None Avere ]niid to olliceis. If an enlisted man became an officer 
before he had served two years as an enlisted man. he not only for- 
feited his bounty, l)ut Avas ol)liged to restore any advance he may 
have received on this account to the (irovernment. IJank was then 
considered. 

The surviving (ifficer> fully I'ealize that when Congress -Nvrote in the 
act of ISDO and in several stibsequent acts " rank sh;d! not Ir- con- 
sidered," there was no ]:)ur])ose (u* intent to slur or insul; a large class 
of useful and influential citizens, a class wlio had s(M'\(h1 the country 
well in its direst need and wlio are enjoying tJie res[)ect and esteem 
of their fellow citizens now. They realize that it was done in the 
interest of suj)i)osed economy, as without the insertion of that clause 
it Avas feare<l the outlay for these pensions would have been nuich 
greater. Tender prior laws that governed they were entitled to a 
distinctive and nnu'li higher rate as officei-s. 

Go back with us to the beginning of the wai. ()ur country, then 
weak physically, and ])oor. and Avithout ci'edit iinancially. had three 
principal creditors : 

First. The capitalist, Avho loaned his credit or his money, who pre- 
scribed his oAvn terms, received bonds payable, principal and interest, 
in gold. The price of gold exchange did not bother liim; it Avas 
stipulated in the bond that he should be })aid in gold, and he was. 
When it Avas proposed after the war that he should instead be paid 
in greenbacks, there Avas im class of otir citizens more strong in the 
advocacy of keeping our faith with the bondholders than Avere our 
returned veterans of the Avar. 

Second. The contractors and others Avho furnished the (ioverrinient 
the stores, the equipment, and munitions of Avar necessary in the 
prosecution of this four years' contest. These men increased their 
prices as gold exchange increased, and sold at market values. Avhich 



24 CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST, 

Avere higher by reason of the depreciation in the vahie of the conntryV 
currency. They, as well as the bondholders. iiresci'il)ed their own 
terms. 

Thi]-d. The civil and military and naval employees of the Gov- 
ernment. For them compensation was fixed by statute. It is not 
known how much this compensation was increased in the civil list, 
or if at all, but the ciA^ilian employee was at home where he was free 
to change his vocation or Hnd additional employment with additional 
compensation. The soldiers in the Army and the sailors of the Navy 
practically were the only creditors of our (Government for whom the 
Government by statute fixed their comi)eiisati(>n and then said, 
"This promise to pay a dollar*' is a dollar, althouoh the purchasing 
\i\\\\v of this hat dollar at one time ran down to about H7 cents. 

The officers of the Army and Navy were in effect, however, the 
most exclusive sufferers. The enlisted man received his subsistence, 
equipment, clothing, and armament, as well as hospital care if sick, 
in kind, bought and paid for at the increased cost, so that the de- 
creased value of the currency only affected his ])ay. This was 
increased from $lo to $1.") ])er month, and later (in ISIU) bounties 
were paid him amounting to $100 per annum, which together neirly 
amounted to double his ])ay at the l)eginning of the Avar, and now 
the survivors are entitled to receive in money on a gold basis e(iualing 
more than their monthly pay as soldiers. 

The officer had to purchase his own equipment, arms, clothing, and 
food, and if sick had to i)ay lio>i)ital charges. In 1S('.4 his ])ay did 
not ])urchase half as much as in ISC)-.', but it was not increased during 
the war. There was an increase in his raiion allowance late in the 
var. increasing the ilaily ration from 80 to .")0 cents, but that was not 
a i)erceptible increase. He I'cceived no bounty, but was respimsible 
for the pi'oi)erty of tlu' (i()\-ei'innent in his charge, and freijuently Avas 
nuide to i>ay for l(»sses. lie made no teians oi- c<tnditions. but accepted 
what was giA'eii him. If the i)aymaster did not a])pe;n' for over six 
nu)nths at a time, he lix'cd on borrowed money. Little did he think 
of anything excepting his duty to his connnand and the work before 
him. to coiiti'ibute his fidl shai'e in the reestablishment of a restored 
Union. 

In a measure he folloA\(>d the experience of his {jrototyjie. the officer 
of the Revolutionary War. who. from the aspect of the depi'eciated 
cui'renc\. would ha\(' had a fellow f'e(ding w ith hiin. 

P>ul We wish to remind the coiuitry. and es|)eci;tlly Congress, that 
our counti'v. then weak and ixxu'. saw the justice of restoring the 
difference to the survi\()rs of that war between the \alue of the money 
])aid and the money ])romised. by rejiaying it latiM'. and by ])lacing 
Ihem on a footing where they should draw the p;iy td' theii' i-aidv dur- 
ing the remainder of their <lays. 

X(> d(.ubt the Congress cf to-d;iy de.^ii'cs to be as ju^t and as gen- 
erous to the oflic(U>. of the ('i\il ^^';n• a> was the ( '(ngress of IS-JS- bS;^'2 
to those cf tlse Uevolutioii. 

IJeviewing the ]>remiums the greenback had to pay in exchange for 
gold, we as<'ei'taiii that iipproxiisiately the money \alue of the green- 
l)acl<: paid to ollicei's was : 

I'loiii .Inly. ISCL In .Inly. Isc,:; .$(». s:; 

l-'reiii .Inly. isr,2, I.. .Inly, tsi;;; . (!7 

Fruui .Tilly. ISC):;, n. .Inly. lsr,-| .41 

From July, 1S(;4. to .luly, isci .r>0 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 25 

The pay of the officers of a regiment of Infantry amounted approxi- 
mately to $54,000 per annum. The Cavalry and Artillery regiments 
had 12 companies instead of 10 as in the Infantry, and the pay of the 
individual officers of these branches of the service was larger than 
that in the Infantry, hut for the purpose of a computation we shall 
base our calculation on the lower scale paid to the officers of one 
regiment ui)()n the Infantry standard. Taking, then, the average 
value of the greenback, and computing the pay of a regiment of 
Infantry, we find that the (xovernment saved on the officers of one 
such Infantry regiment: 

First yehr i);!). 170 

Second year 17, 820 

Third year 81, 800 

Fourth year 27, 0<10 

Saving on one re.ijiment 8."». 8r.O 

Senator Johnston. Will you i)ermit me to ask you what you mean 
by "the saving"? 

Col. KocfT. The dift'erence in the payment of the officers in green- 
backs and tlieir payment in gold, when every other man who served 
under the (Tovernment was ])aid on the gold basis and the officers of 
the Army were paid in greenbacks. 

Senator Johnston. But afterwards the (Government had tc) re(U'em 
all those notes. 

Col. Koch. Yes; if you will j)eniiit me to go a little further in my 
argument I will cover that. 

There were, in round numbers, in the armies of the United States 
during the war, 2,000 regiments. These, however, did not all serve 
three years, but it would be eminently fair to compute the number 
of regiments by claiming for our calculation that there were 1,000 
regiments covering the period of four years. On this basis we will 
find that the officers alone of 1,000 organized regiments, on the In- 
fantry basis, saved the (lovernn.ient, by receiving depreciated cur- 
rency tendered them at its face value, the sum of $85,850,000. But 
these officers of the line were only a portion of the entire organiza- 
tion. There were nearly 500 general officers and several thousand 
staff officers, and then there w^ere all the officers of the Navy. If the 
saving upon these could be computed, we are (juite sure that the sum 
would amount to considei"ablv oAer $100,000,000. But let us place it 
at the low mark of $100,000,000, and then let us add to this amount, 
justl}^ due these officers if the Government intended to pay them in 
the same coin that it did the bondholder and the contractor. sim])le 
intei-est at 4 per cent for 47 veai-, and w^e shall have a fund to the 
credit of these officers amounting to $288,000,000. 

If this amount were now invested at 4 per cent, it would result in 
$11,520,000 per annum. This would go a long way toward the i)ay- 
ment of the retired pav of the survi^'ing officers at the present time. 
The amount of $100,000,000 wliich was "taken from all of the officers 
during the four yeai's of war. by reason of the (i(>vernment discharg- 
ing its financial obligations to Ihem In* paying them in fiat dollars 
in ])lace of real dolhirs, would j^ay the full amount pro[)os('d in the 
veteran's retired bill to all the sui'\'iviiig ollieers who are now living 
for the renuiinder < f tiieii' dav>. tnid the enormous amount of neai'lv 



26 CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 

$200,000,000 of interest saved on this is simply an additional contri- 
bution made by the officers who assisted in saving the country. If 
there are now 20,000 ex-nilicers livinc:, and we understand the average 
age is now 72 years, in the nature of things death will claim them all, 
or nearly all, within the next IH or 14 years. If retired pay to be 
given to them should average at $1,200 per man at the beginning, we 
would require $24,000,000 for the first year. P'rom this would be 
deducted the amount of at least $0,000,000 by reason of relinquish- 
ment of pensions, which would still require $18,000,000 for the first 
year. The second year and each succeeding year would reduce this 
amount by probably 10 ))er cent, so that tlie debt that the country 
justly owes these officers, l)ased upon any fair interi)retation of moral 
obligation, would moi'e than take cai'e of this payuiciit to the last 
survivor. 

It is true that i( was not so stipulated in the bond, but soldiers, 
when a country needs saving, do not sto|) for the consideration of 
money or reward. They have faith in the country that is worth 
saving, and they ha\e faith that the country that has l)een saved 
will deal honestly and justly with them. 

It may be said that this debt, wdiich we honestly claim to be a debt, 
if accepted as such, wonld still be subject to the criticism that, if a 
debt, it was contracted by a generation long passed off the stagt- ; and 
that the people of to-day knew of the service of these officers only 
as a matter of history or tradition, and that it would not l)e fair to 
tax the people of to-day to discharge a debt incurred so long ago. 
especially as this debt has not been established by the evidence of 
bonds with coupons attaclied. To this we woidd say that there is 
not a municipality, city, county, or State in this grand country of 
ours in which debts were not contracted by generations of long ago 
for betterments, imj^rovemenls. and what not, of which the present 
gcnoation is receiving the full ])euefit and for wliich they willingly 
now pay the bills. 

It certainly can not be questioned that the j^resent greatnes- and 
grandeur of the United States as a result of tlie successful achieve- 
ments of the Union Army has made the people of these Ignited States 
more prosperous than any people on earth; has put in the hands of 
every citizen greater enjoyment than any other people on earth; has 
been a beneiit which the presen.t generation is enjoying to its fullest 
extent. 

In view of the foregoing it would seem that the ^"olunteer officers 
of the Ci^il War would be justified in demanding th;;t they should be 
placed on the retired list with three-fourths ])ay of their rank, as 
payment of a debt justly their due. and as a jMirely financial obliga- 
tion, and not in any way as a gratuity or generous I)eneficence. 

Because they did not ask for the signing of a bond with sti]:)ulations 
and coupons attached when the counti-y needed and accepted the 
loan of their prospects of life, th<ur service, their health, and their 
lives if need be; and because in the energv and enthusiasm of their 
youth they tliouglit little of the dollars or its value they should not. 
in the closing days of their lives, have their claims outlawed and be 
refused justice and restitution. 

Mr. Torrance. Commander Sands has a brief wh!(4i he desires to 
offer. 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 27 

STATEMENT OF FRANCIS P. B. SANDS, FORMERLY ACTING 
MASTER, UNITED STATES NAVY, 1862-1867. 

Mr. Sands. I only want, with the permission of the chairman and 
Senator Johnston, to call attention to one fact, namely, that the 
surviving officers of the Volunteer Navy, whom I represent to-day, 
do not exceed more than 200 who would be benefited bv this. In 
1908 there were 250. 

I wanted to call attention to this one fact, that the naval pension 
fund, which was the naval prize fund, was $14,000,000, and since 1868 
has drawn per cent interest. Congress then, at the suggestion of 
Gen. Butler, I believe it was, covered that into the Treasury, and 
thenceforward and thereon paid onlv 3 per cent, making a saving to 
the Government of $420,000 a year.' 

Forty-four years have elapsed since that time, and without com- 
pounding that interest it has paid into the Treasury $18,480,000. 

We could ask you to be liberal on that account, but, as I liave 
stated, we, the surviving officers of the Volunteer Navy, only ask to 
share in this measure equally with those oflicers who so brilliantly 
and successfully led the Nation's armies to victory and preserved a 
Nation whose interests are in your hands in respect to the relief 
asked here. 

I desire to submit this statement. 

The pa])er submitted by Commander Sands is as follows: 

THE \varm:r-T()\v\skni) uii.i. 

To th( ('(tiiiiiiittcc on MUUitnj Aff<ii)-s. 

Senatohs : As ;i uienil)er of the ext'ciitive conimitlco of the Snrviviiii: Vuliin- 
teer Oflicers of the Civil Wnr I have repves(^nle<l the interests of the voUriteer 
oflicers of the Navy in the pending measure wliich lias been jiresented" for 
congressional action, and I have been inijiressed hy the extreme moder;iteness 
of the appeals that have been submitted foi- your consideration. 

After observing the generous recognition th;:t has Ix-en accorded to this 
measure by many Senators and Members as being just and meritorious and 
as presenting a mininmm of relief that <-on]d l)e suggested, and after i)erusal 
of the comitlete, adnurable. and succinct recitals of former congressional action 
recognizing the special services of othcers who served in the former wars of 
the Nation, as they have been in-esented to yon by the chairman of our com- 
mittee. Gens. Nettleton, Salomon, and Torrance, in behalf of their lirother 
ofiieers, there remains but little that 1 c.-m add ti> the convincing and bigical 
force of their arguments. 

The self-sacrificing labors of those ofiieers, who, neglecting their jiei-sonal 
interests and at the risk of health, have devoted four years to the presenting 
of this claim for your action, are an illustration of the pati'iotii- feeling that 
animates all of the beneficiaries under tlie bill. 

I will add, however, that the claim of the surviving officers of the Civil War 
are as deserving of consideration and recognition as were any officers that 
serveil in the Revolutionary and Mexican Wars. 

What this measure will give, although not fully what we deserve, will here- 
after for us serve mainly as treasured evidence of the gratitude with which 
our Civil War service has been remembered l)y our country. 

In the sum accorded by the measure to its beneficiaries who served as volun- 
teer officers of the Navy during that war, who numbered 2.50 in lilOS (and of 
theses scant 200 survive to-day), there is nothing to be taken as by taxation 
from the Treasury. 

The interest on the naval pension fund of $14.tM)0 0(lO. the in-oceeds of tiur 
prizes in that war, suffices to pay all we get under this 1)111. 

In 1S(!8 that fund was invested at G ])er cent interest, which paid all the naval 
pensions, but a liberal (?) Congress covered the money into the Treasury, and 
declared that it would only pay 3 per cent interest thereon and thereafter. 



28 CIVIL WAE VOLUNTEER OFFICERS' RETIRED LIST. 

This saved t<> ilic (Joveniinpnt il;4l'0,()( i( i |)it aiiiiuiii, so lliat (not cuiniiouiulinj? 
tli.it iiitei'est) tlic 44 years of interest saving lias put into the Treasury the 
total of !i51.S,4S(MMI(). 

Can we not fairly ask i,'«'!ierons action at your haudsV 

Yet we, surviviu.ii volunteer oHieers of the Xa\y. (.nly ask to share under the 
measure equally with those otheers who so brilliantly and su<-cessful!y led the 
Nation's armies (o vi<-tory and preserved a nation whose interests are in your 
hands. 

Uesp(^ctftdly. I"i:axc'is P. P.. Sands. 

I'oi-iiirrl 1/ Acfiiif/ Miislcr. I'iiit((I States Nari/, 1862-67. 

Mr. ToRUAKCK. Capt. Oshorn. of Chicago, a niembei" of the general 
comniiltee, is here. Captain, have you a l)rief to submit, or anvthinof 
to otter > 

STATEMENT OF CAPT. HARTWELL OSBORN. 

Ca!)t. OsBitRN. I have no ehihorate argument to present. The 
subjt'ct lias been fully presented, but perha})s a word of the argument 
ad hominem might be illuminating. 

I went from the Western Iveserve College into the Fifty-hfth Ohio, 
and served four years. The regiment went out with 37 commissioned 
ofRcei's. Of those ')7 original officers, 3 returned. The rest had 
been removed by the accidents of the service. All of the other officers 
who wu»re serving at the close of the war were enlisted men who had 
earned their commissions by \alor and by ability, and of those there 
are, T think, oidy 10 now living. T think that illustrates the character 
of those who are now asking for this recognition. 

I want to call your attention to a classmate of mine, in com})arison 
with his color.eh (lilbert S. Carpenter went from the class of 1859 
into the Nineteenth Ohio — the three months' service. At the end of 
that time he eidisted, with a a'reat many other college boys, in the 
Eighteenth Iveguhirs. He died not long sint-e, alxait a year ;igo, 
having attained the rank in the Ilegular Army of colonel, and was 
retired as a brigadier general; and, in conseciuence of his !)() days' 
service in the volunteer service, w\as advanced one rank, to that of 
brigadier general, and received $1,500 per annum for that service of 
90 days. That is (he way that hxAV worked. 

His colonel was Sam Reatty, but the major of the regiment was 
C. F. Manderson, who, with Beattv, I'corganized the Nineteenth Ohio 
at the close of the war and carried it Ihi-ough the three years' service 
and the veteran service besides. 

Beatty was made a brigadier general, and ]\Ianderson was in cont- 
mand of the regiment at the close of the war. He elected to assume 
the duties of peace, rather than those of war. and became a Senator 
of the United States. 

Senator Bijoavn. From Nebraska. . 

Capt. OsnoKN. And he was warmly interested in this bill. T have 
seen him a gre;ii many times, and he said to me one day: ''When 
Na])oleon reorganized the French Army he took all the teamsters and 
all th(^ subordinates wdio Avere not soldiers and made soldiers of them 
and then boasted that in the knapsack of every French soldier was the 
baton of a field marshal of France." That is the principle at the bot- 
tom of our bill. We want it to be shown to succeeding generations 
that volunteei- officers are on the same basis as Regular Army officers. 

Senator Manderson at the close of the Avar receiA'ed a pension of 
$12 a month, the same as any cook in his regiment received, and no 
more. T simply i-efer to that as a specimen. 



CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 29' 

Mr. Torrance. T wish to niinoimce to the comn)ittee thnt Cols; 
Vance and Patten, of Cohnnbus, Ohio, representing the Commandery 
of the State of Ohio, are here. Do you wish to be heard. Col. Vance? 

Col. Vance. No; thank you. 

Mr. Torrance. Or you. Col. Patten? 

Col. Patten. No; thank you. 

Mr. ToRHANCE. I think I have called upon Capt. (iaston, who was 
invalualde in the service rendered to the committee. I believe that 
closes the presentation of our case at this time, Mr. Chairman, and, 
with your permission. I will file with the clerk several briefs that are 
here an(J one or two that I have at the office. 

Senator Brown. I wish you would do that, if you will. The com- 
mittee are very nuich obliged to you and your comrades for your 
presentation. 

Mr. Torrance. We are grateful for the consideratiou shown us, 
Mr. Chairman. May I ask about the printing of this hearing? We 
would like a good many copies, if we can get them, as they will be 
extremely interesting. 

Senator Brown. AVe shall try to get some extra copies for you. 

Whereupon, at 12 o'clock m., the hearing was adjourned. 
The following papers were submitted hy Oen. Torrance: 

Akgumknt. IX Part, of (Ikn. A. B. Nettleton, now Deceased, and Former 
Chairman of the Executive Committee of the Volunteer Officers' 
Retired I^ist. 

[Made before the subcommittee of the Senate on Military Affairs, Feb. 19, 1910.1 

OUK position. 

Let lis not be niisiimlerstood. We ask of the Government no gratnity — ^no. 
charity. We present to the (iovernnient no aijpeal and make niion it no arbi- 
trary fleniand. Wo sinijily point to the record, and rcipiest llie (Jovcrnnient to 
render eqnity to men who believe they have earned, and tlms far failed to. 
receive, equity. 

The present request for our ]troposed legislation is based on this Hvefold' 
sanction: (1) The general merits of the case, including the inagnitude, i-esults, 
and value of the service rendered, national expediency, and patriotic gratitude; 
(2) the pledges given hy Congress and I'resident Lincoln at the opening of the 
Civil War to the several States and to the Volunteers furnished by them; (3) 
the action and policy of the (Tovernment since the war in extending to practi- 
cally all surviving ofhcers of the Regular Army and Navy si)eeial rewards 
exclusively for Civil War service, which, contrary to the pledges referred to, 
have thus far been withheld from surviving volunteer officers; (4) the com- 
manding precedent furnished by the United States Covernment in L'^28 and 1.S32 
in granting to the aged surviving officers of the Revolutionary Army full pay, 
limited to that of a captain, during the remainder of life: (.5) present public 
sentiment in the Nation as shown, among many other jn'oofs, by the unanimous 
action of the legislatures of 10 States, speaking for nearly ;30.000,000 of our 
people, recommending the enactment of such a measure. 

We avail ourselves of your courtesy to present the following summary of the 
reasons which seem to us fully to establish both the justice of our re^piest 
and the necessity and entire practicability of granting it now. If we briefly 
cite certain events of history it is not because they are new, but "lest we 
forget." 

OUR DUAL military SYSTEM REGULARS AND VOLUNTEERS. 

It has always been the policy of the T'nited States to maintain only a smali 
permanent army, in war and peace, and to meet great military emergencies by 
relying mainly upon citizen volunteers, whose service is thus wholly performed 



30 CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 

amidst the (l:in,cer .miuI stress of actual warfare. This course avoids the grave 
political perils and tiiiaiicial burdens of a great standing army in a republic and 
enables the Nation, without inconvenience, to devote a fraction of what such a 
standing army would annually cost to i)roviding for the old age and other dis- 
ability of the surviving volunteer veterans of its occasional wars. Obviously, 
this e.xpenditure for pensions and retired pay is as legitimate and inevitable a 
part of the cost of such wars as the purchase of military supplies during hos- 
tilities or the ])aynieiit of war loans afterwards. 

Government records show that during the Civil War jitMiod of between four 
find five years the aggregate number of individual enlistments in tho Army and 
Navy of the TJuited States was iibout 2.2r)0.<H)0. and the total average numbers 
of officers and enlisted men actually on the roll of the Army and Navy during 
the same period were, approximately. Regulars, P,0,r)<X) ; Volunteers, 857,500; 
ratio, 1 to 2S. 

RESULTS AOCOMPLISIIEI). 

The results .-ichieved by the service and sacrifice of the men. the fallen and 
the surviving, who comi'osed and led the Union forces on land and sea. when 
viewed in the light of nearly half a century of peace and national advance, are 
Immeasurably gre;it in every way. They have radically changed the course of 
history not for America only but for the world, not only for the present era 
but for all time. They have triumphantly realized Tiincoln's ]»rayer and purpose 
that government by the i)eoi)le should not perish from the earth, and have de- 
creed that this princii)le shall be the jiermanent heritage of mankind. Instead 
of two and possibly many weak and mutually warring North American Repub- 
lics, discredited at h()me and abroad, each held in i)recarious existence liy a 
I)olitical roi^e of sand, a standing invitation to anarchy and tyranny — with 
slavery as a i)erpetual irritant and explosive — those results have made of North 
and South. East and West, one ronunonwealth. enduring and free; have 
cemented forever what our Sui)reme Court is thus enabled to pronounce "an 
indestructible union of indestructible St.-ites." They have firmly established 
the greatest and niost benefic(>iit of nations, whose friendly might and enlight- 
ened example render it the natural leader and umpire of the world, and wdiose 
material wealth, power, and ]>rosperity have well-nigh ceased to be measured 
or comprehended by ordinary standards. 

As recently testitied by President Taft, the surviving veterans of the Union 
Army have, since Ai>pomattox. rendered to the Rei>ublic a service scarcely less 
impoi'tant and beneficent than that of their victorious battles. The.y have 
furnished the chief impetus and influence in reuniting the North and South: 
in healing the recijirocal wounds of war. in ol>literating the prejudices and 
misconceptions of a bygone conflict; in welding two i)eoi)les into one by the 
power of fraternal esteem, of mutual respect, and preserved self-respect. 
They have recognized in theii- one-time foes a valor, a gallantry, a sincerity of 
purpose equ;il to their own: and. not least, they have proclaimed that the 
survivors of the lost cause would be unworthy of our regard if they did not 
fitly cherish and honor the memory of the men who led their Confederate 
armies, and of their unreturning hosts who laid down their lives for what 
the.v believed to be right. 

VOLUNTEER OFFKERS. 

The officers of Volunteers, whether they i-ecruifed, trained, and led in action 
companies, r(>giments, brigades, and divisions of the Volunteer Army, or 
whether they rose to conunand from the ranks through the educating and 
sifting ]>rocess of service and merit on the battle field, contributed that indis- 
])ensible element of tried leadershiji and i'esiK)nsibilily whose distinctive value 
all (lavernmenfs at all time recognize in. their laws ;ind i)ractice. Their 
average age considerably exceeded that of the sjilendid l>ody of young soldiers 
in their commands. They went to the war from l!u> highest of motives. In 
doing so most of them abandoned assured i»ositions and chosen occui)ations 
for which they were fitted. Without iH^sifation they surrcMidered to others, 
who remained in the security of home, their places, their vocations, their busi- 
ness imrsuits, and ])rospects. They uttered no comi)laint when their Army pay 
was in arreai-s for months, thus cutting off their means of self-supiiort in the 
field, nor when the currency in which they were jinid was depreciated one-half 
to two-thirds, nor even when the i)aymast<'r in the field deducted a 5 i>er cent 
income tax for the supi>ort of a war to which they had already dedicated their 
lives. After years of absence and wearying duty at the fi'ont. their p.-ifriotic 



CIVIL WAR VOLUNTEER OFFICERS RETIRED LIST. 31 

task eonipleted. the survivors rornnied to civil life. They wasted no regrets 
over their obvious handicap, which no transient stipend received during service 
could compensate; of former positions filled; of educational purposes and life 
plans shattered or dwarfed; of vitality often impaired by wounds or hard- 
ship; of employment and opportunity relinquished at the critical life period, 
to be sought anew amidst crowded and acute competition. Their life problem 
was in sharp contrast to the well-earned and assured situation of the otHcers 
of the Regular Army and Navy at the close of hostilities. 

DISCRIMINATION AND XINFITLFILLKD PLEUCES. 

(I) At the oufbre:ik of the war. and again during its darkest days, the Con- 
gress and I'resident Lincoln, in order to secure military justice, to stimulate 
the enlistment of volunteers, and sustain the courage of the volunteer armies 
already doing their work on the firing line, pledged equality of treatment as 
between Regulars and Volunteers. (2) During the Civil War the volunteer 
fox'ces constituted Ot» ])er cent of the Army of the Cnited States, did 1)0 ihm; cent 
of its campaigning and fighting, and furnished i>G i)er cent of its killed, wounded, 
and otherwise disabled: the Regular Army. 4 per cent. (3) Of all the valuable 
rewards, honors, and emoluments extended by the (Government since the war 
to the comltined surviving Volunteer and Regular Army otficers as such, exclu- 
sively in recognition of their Civil War service and sacrifice. Regular Army 
otficers have receved 100 per cent; Volunteer officers, nothing. (4) From llie 
Civil War to the present time, nearly half a century, not a line of legislation 
has been enacted by Congress in recognition or reward of surviving Civil War 
voluntetn- otficers as such. During the same i)eriod. from 1806 to 1908, inclu- 
sive, by at least five successive enactments. Congress has enforced uj^on all sur- 
viving Regular Army officers who i)erfornied Civil War service, either as Vol- 
unteers i>r Regulars in any grade, or for any time, however short, most dislin- 
guished honors and benefits of increased rank and retire<l pay, based not at all 
upon the tact of their life employment in the Army, but solely niton their Civil 
War service, performed side by side with volunteer officers in the same cam- 
paigns and battles. (5) And this discrimination, besides violating the jilalnest 
lequiremenls of natural justice, squarely rei)udiates the spirit if not the letter 
of i)ledges made by Congress and President Ijincoln in the darkest days of the 
conflict to stimulate the recruiting and enlistment of volunteers and sustain 
the courage of the volunteer armies already doing their work on the firing line. 

I'liKFKKENTIAL LEGISLATION CITKD ITS Ol-ERATION ILLUSTIIATEJ). 

By the act of July 28, 1866, Regular Army captains who ha<l servetl in the 
Civil War as brigadier generals of Volunteers and been disabled and mustered 
out of their volunteer service, instead of being then retired as captains of 
the Regular Army, were retired as brigadier generals of the Regular Army 
with corres])onding monthly retired pay during life, this excess rank and I'etired 
pay being exclusively on account of Civil War service. On the other hand, 
a brigadier general of Volunteers who was not also an officer in the Regular 
Army lint who renderetl identical service and incurre<l equal disability in the 
Civil War was at its close relegated to civil life with at most the maxinuun 
disability pension of his rank, under the act of July 14, 1862, of $30 per month. 

This precalent of discrimination in favor of Regular Army officers is follower!, 
and in some instances exceeded, in the subsequent acts of March 3, 1875. April 
23. 1904, June 29, 1906, and March 2. 1907. For example, under the act of 
April 23, 1904, any Regular Army officer below the grade of brigadier general 
who served in any grade in the (Mvil War '"who has been or hereafter may be 
retired," on account of age or other lawful cause, may be place<l on the retired 
list with rank and retired pay one grade above that actually held by him at 
the time of his retirement. Pursuant to this act 354 Regular Army officers 
already retired were retired a second time with the increased rank and retired 
pay — this exclusively as recognition and reward for Civil War service. Ninety- 
two of them were colonels, who thus became brigadier generals, with a resulting 
iun-ease of $1,500 a year in retired pay under the present pay schedule. Pro- 
por ')uate increases of rank and retinal pay were awarded to officers of the 
low<'i n-Hles. Up to a recent date 617 Regular Army officers had been given 
this ben- 'fit of increased rank and iiay upon retirement. The resulting increase 
of their retired pay averages about $822 a year for the several grades — solely in 
consideration of Civil War service (whether as officers or enlistetl men) ren- 
dered more than 40 years pr^iously. 



32 CIVIL WAR VOLUNTEER OFFICERS' RETIBEl) LIST. 

As au extreme but chjirat-teristie illustration of tlie principle ami i)ossil)le 
operation of the cited laws : A man who served e\ en one day as officer or (>nlisted 
man, as volunteer or regular, in the Civil War and never lieinl a hostile shot 
fired, and subsequently durin.i,^ the 40 ye-irs of vii'tnal jie.-ice reidied the rank 
of c(donel in tlie Ee.nular Army is entitled to be retired at the aire of ((2 as a 
brisa<lier ,ir<>neral, thus receiviuii' duriuii the remainder of Ins natural life 
$4.r)0(» a year retired pay, of which .$Lr>0() per annum is excess retired i>ay. 
ex'insively in apprec-iation and reward for Ids one day of Civil V','ar service. 
«' . ■ a.L,Miiist tliis. one who served as a viiluideer four yeais .it the front in tlie 
< i>,| \\';ir. e.irniuLi the rank of major i^eneral and c(aiinianilinLC a <li\ision in 
n.aiiy battles, but who did not enter the Regular Army, is now entitle<l to 
receive a private's iteusion of .$L'4() a year at the aire of TT). ]',y the act of 
Maivh 2. IDdT. this jirivilcue of i-etiienient with one a<lvanced tirade, on jiccount 
of Ci\il \V;ir ser\ ice. is extended to briicadier .uenei'als. 

THI': (iOVERNMKNT'S I'l.l IKU: OF T M I'ARTIMJTY. 

Compare the foreiidins; let^islation and its resulting system with the fifth sec- 
tion of the act of July 111*, istd, which constituted tlie pledgee voluntarily made 
by the (lovernnient to the several Slates and to their N'olunleers when the latter 
were called into service at tlie oulbre.ik of the war. It reads: "That the offi- 
cers, noncommissioned olhcers, an<l pri\ales. organized .-is .above set forth, shall 
in all resjiects be placed on the tootiuii as to pay and allowances of similar 
corps of the lieirular .\rmy." Is it not the obvious and ri.irhtful meaniui; of 
this i»ledijce, made by the Congress and President Lincoln the day after the First 
Battle of Bull Run. when the National Capital was in imminent peril, that 
tlier(> shcndd be ;d»solute eciualily of recoiruition, consideration, and reward for 
Ci\il War service as between the N'olunteer and the Ifeirul;ii- forces, rank for 
rank? The specific present application of this is that whatever ])rovisioii the 
Government mi.irht make for the old av:o of the surviving otticers of the Regular 
Army, because solely of service in the Ci\il War. it is bound to m.ake ecpially 
for the surviving otiicers of Volunteers of like Civil War service. Any other 
construction would ajtpear to he a mockery. We ;isk that this pledge be 
fulfilled. 

THE NATION. THE STATES, AND THE VOLTTNTEERS. 

If such a wrong is to remain unrighted. if this undeserved I)adge of demerit 
and di.^paragemeut is to be i»ermanently alH.ved to (he surviving \'olunteer offi- 
cers of such a war, this question suggests itself: In future emergencies involv- 
ing the Nation's life, what effect will such an e.xample and continuing policy 
of unfair preference, through \i<ilated pledges, have upon the raising and main- 
taining of effective and victorious Volu.nteer Armies'.'' Will they not go far to 
cut the nerve of that patriotism which actually fights and wins our battles and 
to undermine (hat military self-respec-t. initiative, and honorable amldtion 
among both A'olunteer officers and soldiers, without which <pialities an army 
is not an army but a siiiritless iiiol)'.'' More than (id jier cent of the A'olunteer 
officers in the Civil War were promoted and connnissioned from the ranks for 
efficiency in the field; hence this problem equally affects the enlisted men of all 
future Volunteer Armies Ilor.orable incentive and certainty of f.iii- play in 
the desperate game of war are esstMiti.al t() good soldiersliiii in all r;inks, fi-oni 
highest to lowest. 

These jiromises i>y the Fe<leral (Jovernnient . of e(pi;ility of treatment as be- 
tween X'olunteers and Regulars, were given not only to the individual citizens 
who offeretl (heir lives by enlisdnent. but eipially (o the legislatures and the 
"war governors" of the several States, to which were addressed Lincoln's suc- 
cessive calls for fresh levies, and wdiose increasingly difficult duty it was to keep 
our shattered armies rei)leuislied with recruits. These pledges wei'e accepted 
at par by the States, and by them fiublished to their citizens as a sure guaranty 
of a square deal if they enlisted. Is it not time, and is it not due to the honor 
and memory of Lincoln and the war-time Congress, that tlies«> guai'anties by the 
Nation to the SLdes, as well as t(» their volunteei's, were honor.-dily recoginze<i 
and at least partially and tardily redeemed'.'' 

OOOl) RELATIONS OF REOl'EAUS AND VOEr.XTEERS. 

No surviving Civil War volunteer officer criticizes (he liberal reward of gen- 
uine Civil War service e.xtended to officers of the Regular Army and Navy b.v 
the successive ac(s of Congress cited herein. The p(dicy is both just and expe- 



CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 33 

(lieut. It wisely embodies substantial gratitude for specially perilous and 
effective service to the Republic in its great crisis past and indicates that similar 
service in the future will not be ignored. The American people are now simply 
asked, in pursuance of the same policy of equity and forethoughtful expe- 
diency, to see that there shall be no indefensible and humiliating discrimination 
maintained against Union volunteer officers who rendered Civil War service 
precisely identical in merit, danger, and duration, in the same bloody campaigns 
and battles, and to see that the honorable obligation of an honorable Govern- 
ment is made good. No one attributes to veteran officers of the Regular Army 
and Navy sympathy with the discriminations herein recited, and the legislation 
which causes them' is doubtless the result of inadvertence rather than of intent. 
Our measui-e bears no relation whatever to the permanent retired list of the 
Regular Army and Navy. It is special and temporary, terminating with the 
lives of present Civil War beneticiaries. Its benehts affect a number of regular 
officers' of Civil War service who are not otherwise provided for. It is our 
observation that the Warner-Townsend bill has the approval of fair-minded 
officers of the Regular Army and Navy who have acquainted themselves with its 
nature and purpose. In the harsh but unequaled school of actual warfare the 
volunteer officers and soldiers of both armies quickly became the equals of th^ 
l)est regular troops of the world, in all those virile military qualities which 
prosecute trying campaigns and win hard-fought battles. The experience of 
common and equal service in the campaigns and battles of the Civil War up- 
rooted the former spirit of caste and prejudice as between Regulars and Volun- 
teers and substituted a good understanding and siiirit of comradeship which 
still exist. Certainlv the Government can not afford now to sow the seeds of 
discord between Regulars and Volunteers of its future combined armies by 
leaving uncorrected Hie invidious discriminations here demonstrated and com- 
plaine<I of. 

TIIF. KF,Vt)I,T'TIONARY WAR PRECEDENT. 

Our cause does not rest simply on the forgotten pledges and the discrimina- 
tions against us embodied in the statutes referred to; its real foundation is far 
deeper and broader — first, in those considerations of high national expediency, 
patriotism, gratitude, and fairness which lie behind all legislation in recognition 
of military service and sacrifice for an imperiled nation; and, second, in the 
earlier and authoritative precendents of our Republic. On May 15, 1S2S, forty- 
five years after the close of the Revolutionary War, Congress, representing the 
generation that followed and enjoyed the first fruits of that historic conflict, 
"made provision for the old age of the survivors of the patriot army. That act, 
with the supplemental one of June 7, 1832, besides caring proportionately for 
survivini; enlisted men. and in addition to liberal grants of land, awarded full 
pay during life, according to rank, to those surviving officers of both line and 
State troops who had served two years or more, and a ratable allowance to 
those who had served less than two years, but not less than six months, the 
maximum retired pay of any officer not to exceed the full pay of a captain. 

The legislation, which in effect provided a- retired list for the survivors of 
Washington's Army, was especially advocated by Daniel Webster, passed by a 
Congress containing such statesmen as Calhoun, Van Buren, William II. Har- 
rison, Benton, Everett, Silas Wright, Seymour, Clay, and Randolph, and was 
approved by President John Quiucy Adams. 

Making due allowance for difference in circumstances then and now, it is 
believed that the action of our Government in 182.8-1S32 should at this time 
liave all the force that can ever be given a valid precedent. That action was 
taken in the youth and comparative poverty of the Republic, because it was 
deemed fair and right. It may well guide the same Republic in its maturity, 
opulence, and power. If any question the force of the precedent on the ground 
of comparative service, history simply records that, ignoring the relative magni- 
tude and bloodshed of the two contests, the services rendered and the results 
produced by the Revolutionary Army and by the Union Army are equally and 
)'e<'iproeally unique, in that the former inaugurated, while the latter preserved 
from destruction, emancipated, and permanently established the American 
Republic. Washington's surviving officers based their request for retired pay 
on service rendered, results accomplished, and unfulfilled agreements of the 
Government. Lincoln's surviving officers base their present request on a like 

foundation. . .,- ^i. xi. 

To the Sixty-first Congress and to the President, servmg 45 years after the 
close of the Civil War and representing the generation which follows it and 

68955—12 3 



34 CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 

enjoys the i;atiou-wiilc benefits flowing from its salutary outcome, tliis example 
of tlie elder statesmen of 1S2S is respectfully commended by the surviving volun- 
teer officers of the Civil War, who have now I'eached the sunset of life. 

A MODERN PRECEDENT. 

On March 3. 1905, Congress by unanimous vote selected two then surviving 
volunteer officers of Civil War service, who had been 40 years in civil life, Gens. 
Hawley and Osterhaus, and caused them to be placed on the retired list of the 
Regular Army, with the retired jiay of brigadier generals. This action could 
have but one justifiable meaning and motive, namely, that the Government thus 
admitted its honorable obligation to legislate in recognition of the service and 
merit of aged Civil War volunteer officers as such. The remedy for an obvious 
injustice which the Government thus attempted to apply with partiality and 
at random it is now requested to apply fairly and with method. The precedent 
is important and not easily ex]tlained away. 

THE WAHNER-TOWiNSKND JlEASl'HE. 

Following approximately the form and spirit of the laws of 1828-1S32. our 
bill has these leading features: It creates a temporary volunteer retired list for 
surviving Civil War officers of all grades. Subject to the maximum limitation 
that no one shall receive more than three-fourths of the active pay of an Army 
captain, those who served with credit two years or more will receive during life, 
in lieu of all pensions, one-half the pay. according to present schedule, of their 
former highest rank, and those who served less than two years but not less 
than six months will receive like pay in proportion to length of service. The 
measure is framed on conservative lines and intended to safegnai'd the interests 
of the (Jovernnient not less than those of its beneticiaries. This is sufficiently 
shown by the fact that it graduates pay according to length of service, and for 
maximum service provides for half pay instead of the full pay grjinted to the 
veteran olhcers of the Army of the Revolution and three-fourths pay now 
received by i-etired officers of the Regular Army and Navy. Section 2 of the 
bill, as I have heretofore st.atefl, extends the benefits of the measure to the group 
of Regular Army officers who were legislated out of office in 1870 and not 
retired- Under its provisions the average retired pay for all ranks and terms 
of service is estimated to l)e under ,$I.OO(l per annum, and the entire amount 
carried by the bill is distributed among the several ranks approximately as 
follows: 

Ppr ccnL 

To generals 0. 15 

To colonels l.To 

To lieutenant colonels 3. 88 

To majors (>. 72 

To captains 34. fi 

To first lieutenants 33.8 

To second lieutenants 19.2 

Total 100. 

THE FINANCIAL ASPECT. 

It goes without saying that but for the money cost of this proposed legislation 
it could be enacted in 24 hours. We wish to meet the financial problem frankly. 
The Government's policy of exceptional economy, pending the now progressive 
improvement in revenues, deserves approval. P.ut is not this a sane and fair 
view of the situation? It is a truism that our Government has, subject to call, 
abundant resources and credit with which to meet at maturity all its obliga- 
tions — legal and equitable, statutory and moral. The reasonable meaning of 
the present rule of economy and retrenchment, as we understand it, does not by 
any means require or warrant the denial or the harmful postponement of any 
recognized obligation of the Republic. It has not been suggested in any quar- 
ter that, for the passing relief of the Treasury, there should be either reduction 
or delay in the payment of congressional or executive salaries, or of the inter- 
est on the public debt, or of the active oi' retired pay of the Army or x\avy. If 
the cause which we represent in fact stands for an obligation of the United 
States, legal or honorable, that obligation is peculiarly one which, in our judg- 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 35 

nient, ought not to be disowned in the name of economy or indefinitely post- 
poned in the interest of retrenchment. It is an obligation which can not be put 
off without, to a large extent, involving its final cancellation, nnhouored and 
unpaid, which means its repudiation. We who request this legislation have an 
average age of between 70 and 80 years. We can not obtain a reprieve under 
Nature's death sentence. We have already waited until of the 131 major gen- 
erals of Volunteers commissioned by President Lincoln for Civil War service 
only 2 sux-vive: of the 44G brigadier generals, less than a score are now living; 
and of the 3,030 colonels of regiments, 199 are left. The thinning of ranks in 
the junior grades would be in proportion, except for their lower average age. 

NO REAL OBSTACLE APPARENT. 

When, in 1S28-1S32, the young Republic made provision with full pay for the 
old age of the surviving officers of the Revolutionary Army the population of 
the United States was 12,866,000 and the country's wealth was $2,760,000,000, 
a per capita of $215. On January 1, 1910, oar estimated population was 
90,000,000 and our aggregate wealth $1 20.000,000.000, a i)er car>ita of $1,333. 

All agree that national prosperity has returned. In tlie 12 years now- closing 
our Nation has expended as a gratuity more than $500,000,000 in its policy of 
friendly intervention toward the people of Cuba and the Philippines. We are 
expending $375,000,000 on the Panama Canal, thus far wholly from current 
revenues. It is in contemplation soon to enter upon other great and costly 
undertalvings. For some of these purposes United States bonds have been or 
may be authorized. For none of these vast disbursements, past or prospective, 
have we any word of criticism, but they carry with them their own advertise- 
ment that, while the demands of American connuerce and of national philan- 
thropy toward alien peoi)les are thus generously cared for, there can be no 
real economic obstacle to the doing of tardy and partial justice now, at rela- 
tively slight cost, to the men whose cause we urge to-day and whose service 
and sacrifice went far to render all these world-embracing enterprises possible. 

Our National Treasury is never free from pressing demands. A request that 
we wait until that pressure ceases would, of course, be simply an uncourageous 
but final refusal. Where there is no wish nor intention to take any action, al! 
dates for desired action are " inopportune." But this can not l»e such an 
instance. 

If this statement which we have now presented is substanti.illy well grounded, 
it is difficult for us to comprehend how any American citizen, either in or out 
of Congress, who was a contemporary of the Ci^il War period, or any man of 
the younger generation who in prosi)erous peace is reaping his " unearned incre- 
ment " from the service and sacrifice of the men of J 861-1865, can obtain his 
own consent either to openly oppose the pending measure or tacitly contribute 
to its defeat by indifference or delay. 

Walter Kempster, M. D., of Mihvaiikee, Wis., late first lieutenant 
Company D, Tenth New York Cavalry, and former ex-coiiimander 
of the Wisconsin Commandery of the Loyal Legion, submitted the 
f olloAving argnment : 

It does not appear to me to be necessary to reenact something provided in 
the bill which was passed by the Congress, July 22. 1861, wherein may be 
found the following language: 

" That the officers, noncommissioned officers, and privates, organized as above 
set forth, shall, in all respects, be i)laced on the footing as to pay and allowances 
of similar corps of the Regular Army." 

This is plain and unmistakalile language. It is the pletlge of the Government 
of the United States that the officers and enlisted men volunteering for service 
in the Civil War should receive the same pay and allowances given to those who 
were in the Regular Army. It is my opinion that the law above quoted means 
now just what it meant in July, 1861, and that the only law now necessary to 
discharge the obligation incurred by the Government in July, 1861, is one which 
will provide money to enable the Government to do so. 

There can be no misrake about the meaning of the law above quoted. Tlie 
woi-ds "pay and allowances" used in making provision for the Regular Army 
in 1861, are in use for the same purpose to-day. The expression " pay of 
retired officers" is used now, as it was then, and conveys the same idea. It 
appears to me that the only thing to be settled now is, whether the present 



36 CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST, 

Congress of the United States will provide the necessary money to carry out 
the promises made by tlie Congress of 1861. Those promises were not condi- 
tional, they have not been repudiated, and it is my belief that when tliose 
promises are made known to the proi)er officials they will at once recognize the 
facts as they are. 

It 'may not he necessary to cite precetlents to secure fulfillment of govern- 
mental pi-omises, but there is one so plainlj^ stated by the immortal Washington 
that I venture to quote it. In his letter written when he took leave of the 
Army, referring to retired jiay for officers, he wrote: 

" I may be allowed to say it was the price of their blood and of your inde- 
pendence; it is therefore more than a common debt; it is a debt of honor. It 
can never be considered as a pension or gratuity, nor be canceled until it is 
fairly discharged." 

SlinuilaTed by these ringing words, the Congi-ess of tliat day enacted a law 
providing tliat every honorably discharged officer who served in the American 
Army during the Revolutionary War should receive retired pay for one grade 
higher than the rank held by him at the close of the war. 

The men of the Revolutionary Army made the country. Those of the Union 
Army saved it. Is the one less deserving than the other? 

Bvt. Brio-. Gen. W. D. Hamilton, of Columbus, Ohio, of the 
national committee of the Association of Surviving: Union Volunteer 
Officers of the Civil War, submitted the following- statement : 

First. Most of the ofiicei's who organized, drilled, and took the field with 
troops in lSC»l-(i2 were men who had already chosen, and af er due prepara- 
tion had entered ui)on. their life work. This was given up, and in many cases 
sacrificed, by reason of their long military service. Their average age was mox'e 
than six years greater than that of the enlisted men. They ai'e now over 75 
years of age. and in many cases unable to earn that comfortable support to 
which they are entitled. 

Second. They were emjiloyed to restore the Union of the States. This con- 
tract was fulfilled on their i)art at A])poma'tox. It can hardly be said that they 
have received the full measure of pay for their services in advancing public 
credit until Ihe 7 per cent bonds of the war were redeemed with securities draw- 
ing 3 i)er cent since its close, and in changing i' from a second-class power to 
become the wealthiest Government on earth and among the first in power and 
influence. In accomplishing this they got plenty of i)raise, but as it was not 
"nomina'ed in the bond" the Government got everything else. 

Third. Our reunited country surely owes as much to the Union officers of the 
Civil War for their services in saving the Union as the united colonies of the 
Revolution did to the Army that se-ured their independence. 

F(n-ty-five years afterwards a grateful country recognized its obligation to the 
survivors of that war by placing both otticers and men on full pay during the 
remainder of their lives, and now, after 50 years, our Congress has, for similar 
services, given the enlisted men of the Civil War nearly double their former 
pay, but the officers' services have been ignored. The bill now pending, after 
deducting Ihe pension that each officer is allowed under the act of May 11, 1912, 
will call for an appropriation of a sum that would in no way be a burden to the 
country. 

The followino- resolutions were passed unanimously by the com- 
mandery of the State of Colorado at a stated meetino; held May 7, 
1<)12: 

Whereas the rajiid mortality that is occurring in the ranks of the Military Order 

of the Loyal Legion sirs us anew to the realization that in a very short time 

nothing will be left of the grand organization to which we belong. In proof 

of this condition the records of this commandery, which show that 12 of our 

members ont of a total number of 120 of Civil War officers died between 

Oc'ober, 1911, and March, 1912, a period of less than six months; that is, 

10 per cent of the tot.-il in less than six months ; Therefore be it 

Resolved, That this fact ])e comnnuiicated to the Military Committee of the 

National House and Senate, before whom the bill for the Civil War volunteer 

retired officers' list is now under consideration, and that these committees be 

assured that their action on said bill is being watche<l with great solicitude by 

us; and that their serious attention be called to the present i'.larming mortality 

among all the commanderies of the Loyal Legion throughout the United States, 



CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 37 

as well as to the fact that the rate of such mortality is growing greater and 
greater as each month passes by ; these facts being of such force as to show 
conclusively that if tiae legislation contemplated by this bill is to be made at all 
it should be done at once, else every person upon whom it will operate will have 
passed away and its benefits be lost. 

And. further, that inasmuch as the precedents cited in belialf of this bill 
occurring in tlie cases of the officers of the Revolutionary War, as well as rea- 
sons as to tlie inherent justice and equity of the provisions of the bill have, we 
are informed, already been heard before the committee, we feel it to be unneces- 
sary to rehearse them in tliis resolution, and that we simply wish to place before 
the' committees the facts relating to the frightful death rate now prevailing 
among the Civil War officers as an incentive to immediate favorable action in 
order to make it of any avail. 

Lieut. Austin W. Hogle, Recorder. 

The Association of Volunteer Officers of Western New York respectfully sub- 
mit the following brief reasons in support of favorable action on the bill to be 
agreed upon by Congress, designated as the "Civil War volunteer retired list": 

First. The precedent established by Congress in granting full pay to the offi- 
cers of the Revolutionary Army at a period similarly distant from the end of 
the War for Independence as is the present period distant from the end of the 
Civil War should in fairness be considered an obligation to pay a much smaller 
proportion to the officers of the latter war. 

Second. That in addition to the precedent established in individual cases of 
retiring certain volunteer officers on a Regular Army basis, the existing law 
recognizes the service as a soldier of the Civil War of all Regular Army otlicers 
by advancing one grade of rank upon retirement, irrespective of the actual 
rank held or duration of service in the Civil War. Thus a Regular Army 
colonel with a Civil War service (private or officer) is upon retirement ad- 
vanced to brigadier general with an increased retirement pay of $1,500 an- 
nually, due solely to his Civil War service, and therefore it is modestly con- 
tended that the lesser sum provided by the bill for an officer of colonel's rank, 
and so in proportion down the line, is at least a fair basis for comparison in all 
pension systems established by large industrial and railroad corporations; the 
basis has been the responsibility and service rendered by the beneficiary, as 
established by the salary received during his activity, and we respectfully 
submit our belief in the wisdom of such a standard. 

Third. The value of good officers in the Army, especially in active service, 
as well as the value of efiicient heads of departments in industrial concerns, 
needs no elaboration and rewards should be proportionately commensurate in 
the one case as the other. 

Fourth and finally. The officers of the volunteer force of the Civil War have 
never as such received from the Ceneral Government the slightest recognition 
of their services. Every pension law explicitly states that "former rank shall 
not be considered." as if the commissioned officers as a body were in disgrace 
and that they had failed in their duty or were less exposed to danger than the 
enlisted men. Yet the statistics show tliat the number of officers killed wei'e 
nearly double in proportion to the enlisted men. 

Service should be measured not by years, but by endurance, privation, and 
risk, and it is respectfully submitted that two years of actual and active serv- 
ice in the Civil War is at least equal in merit to a lifetime of service spent in 
times of peace. 

The officers average sevei'al years older than the enlisted men, and. as we can 
not expect many years more on earth, we ask that this discrimination against 
officers be lifted while we are yet able to appreciate the consideration. 

John B. Weber, President. 
Frank Myers, Secretary. 

Exhibit A. 

[Senate Document No. 642, Sixty-second Congress, second session.] 

War Department, 

Washuigton, May 2. 1912. 
The President of the Ignited States Senate. 

Sir: I have the honor to forward herewith a petition from sundry retired 
soldiers to have the provisions of Senate bill No. 260.5. Sixty-second Congress, 
first session, extended to include retired soldiers with creditable Civil War 
service. 



38 CIVIL WAE VOLUNTEER OFFICERS ' RETIRED LIST. 

It appears from tlie records of the War Department that there are 590 en- 
listed men of the Army now on the retired list who served creditably during 
the Civil War prior to April 9, 1865. 

The War Department will be glad to fni-nish such additional information as is 
required or to give its views when called upon in reference to the inclusion of 
retired enlisted men of the Army in the provisions of this measure. 
Very respectfully. 

H. L. Stimson, Secretary of War. 



Favorable report was made in the Senate April 3 on S. 2605, which reads as 
follows : 

" That from and after the passage of this act petty officers, noncommissioned 
officers, and enlisted men of the United States Navy and Marine Corps on the 
retiretl list, who had creditable Civil War service in the Regular or Volunteer 
forces prior to April 0, 1S65, shall receive the rank or rating and the pay of the 
next higher enlisted grade upon the retired list by reason of such service: 
Provided, That if such advanced rank or rating shall not carry with it an in- 
crease of pay, or if there be no higher enlisted grade to which advancement may 
be made as herein authorized, then and in such cases said men shall receive an 
increase of pay of 20 per cent over and above the retired pay actually received 
by them, respectively, at the time of the passage of this act. 

" Sec. 2. That nothing in this act shall operate to reduce the pay of any 
persons in the Navy or ^Marine Corps, and that its provisions shall not operate 
to create any claim for back pay. 

" Sec. 3. That all acts and parts of acts inconsistent with the ]irovisions of 
this act be, and are hereby, repealed." 



St. Paul, Minn., April 16, 1912. 
The Adjutant General, 

War Department, Washington, D. C. 
(Through Commanding General, Department of the Lakes). 
Sir: Respectfully referring to the subject matter of Senate bill No. 2605, Sixty- 
second Congress, first session (copy hereto appended), we, the undersigned, 
soldiers of the Civil War, have the honor to solicit your good offices in having an 
.'Amendment added thereto that will include retired soldiers with creditable Civil 
War service, and that they may be entitled to the rank and emoluments therein 
cited. 

In making this recpiest we trust we are not transgressing any rule or regula- 
tion of the department. 
Very respectfully, 

Patrick Henry, 
August Biebel, 
Wm. Minset, 
Commissary f^ergeants, United States Army, retired. 

Patrick Madigan, 
Ordnanee Sergeant, United States Army, retired. 

[First indorsement.] 

Headquarters, Department of the Lakes, 

St. Pant, Minn., April 18, 1912. 
Respectfully forwarded to the adjutant general, central division, Chicago, 111., 
jipproved and recommended. 

It is only fair that soldiers of the Army should receive the same consideration 
as enlisted men of the Navy and Marine Corps. 

R. W. HOYT, 

Brigadier General, Commanding. 

[Second indorsement.] 

Headquarters Central Division, 

Cliicago, April 19, 1912. 
Respectfully forwarded to The Adjutant General of the Army, concurring in 
first indorsement. 

R. D. Potts, 
Brigadier General, Commanding. 



CIVIL WAR VOLUNTEER OFFICERS' RETIRED LIST. 39 

[Third indorsemenl.l 
The Cliicf of SinlT. A. G. O., April 23, 1912. One iiiclosure. 



Exhibit B. 

fSenato Report No. 50"., Sixty-socond Congress, secoud session.] 

The Committee on Naval Affairs, to whicli was referred the bill (S. 2605) to 
provide that petty officers, noncommissioned officers, and enlisted men of the 
United -States JS^avy and Marine Corps on the retired list who had creditable 
Civil War service shall receive the rank or rating and the pay of the next higher 
enlisted grade, having carefully considered the same, favorably reports it back 
to the Senate wtih recommendation that it do pass. 

This bill is aimed merely to give to these people what all the other officers 
of the Army and Navy receive because of creditable Civil War service. 

It is identical with House bill 30574, Sixty-first Congress, third session, was 
framed by the Navy Department, and the passage thereof is recommended by 
the Navy Department, as may be seen by reference to the following communi- 
cation of the honorable Secretary of the Navy : 

|H. R. .10574. To provide for petty oiBcers, noncommissioned officers, and enlisted men 
uf tlie United States Navy and Marine Corps.] 

Department of the Navy. 

Woshhifiton. February 18. 1911. 
My Dear Congressman: The receipt is acknowledged of your letter dated the 
15th instant inclosing a bill (H. li. 30574) "to provide that petty officers, non- 
commissioned officers, and enlisted men of the United States Navy and Marine 
Corps on the retired list who ha<l creditable Civil War service shall receive the 
rank or rating and the pay of the next higher enlisted grade," and requesting 
the views and recommendations of the department thereon. 

In reply I have the honor to inform you that the measure meets the approval 
of this department, and its enactment is reconmiended. About 115 enlisted men 
of the Navy and Marine Corps now on the retired list would be affected. 
Faithfully, yours, 

C. V. L. Meyer. 
The Chairman Co^imittke on Naval Affairs, 

House of Representatives. 



ExHimT C. 
fFrom the Army and Navy Journal, Mar. 23, 1912.] 

In the War of the Revolution the separate States undertook to pay their offi- 
cers and men, but payment was neither regular nor sufficient. In 1783 Congress 
gave full pay for live years to officers who had served in the war. and in 1S28 
full pay for life, but not exceeding the pay of cai)tain. In 1776 Congress 
granted lands to officers and soldiers as follows: 

Colonel, .500 acres; lieutenant colonel, 450 acres: major, 400 acres; captain, 
300 acres; lieutenant, 300 acres; noncommissioned officers and soldiers, 100 
acres. 

In 1780 Congress granted to major general 1,1(X> acres; ])rigadier general, 
850 acres. 

Several of the States also granted land t() their officers and soldiers. For 
example. New York gave a private 600 acres, and officers a larger amount. 
Pennsylvania gave a private 200 acres, and officers up to 2.000 acres for a major 
general. In 1779 Virginia had increased its grants as follows to those who 
enlisted for the war and shall have served to the end of it : Soldier or sailor, 
200 acres; noncommissioned officer, 400 acres; subaltern, 2.000 acres; captain, 
3,000 acres; major, 4,000 acres; lieutenant colonel. 4, .500 acres; colonel, 5,000 
acres. And in 1780 it granted to brigadier general 10.000 acres; major general, 
15,000 acres, and an additional bounty to all officers in the proportion of one- 
third of any former bounty heretofore granted. 

The Revolutionary War practically ended October 19, 1781. In April, 1782, 
North Carolina made the following grants of land to officers and soldiers: 



40 CIVIL WAR \'()[,UNTEER OFFICERS' RETIRED LIST, 

Pi'ivMtes, 640 acres; noucoininissioned officer, 1,000 aci-es; subaltern, 2,560 acres; 
captain, 3,S40 acres; major. 4,800 acres; lieutenant colonel, r>.760 aci-es; lieuten- 
ant colonel commandant, 7.200 acres; colonel. 7.200 acres; brisradier general, 
12,000 acres; cliaplain, 7,200 acres; surgeon, 4,S0O acres; surgeon's mate, 2,560 
acres. The same act granted to Maj. Gen. Nathanael Greene 25,000 acres. 

It appears from Waddell's Annals of Augusta County, Va., page 336, that at 
the time of these grants of land to officers and soldiers farming land in Virginia 
in large bodies sold at $4 an acre, but the i>urchase power of money was then 
twice what it is now. Ten years later, or in 1703. the same land was sold at 
$9.50 an acre, equivalent in our money to about $20 an acre. In 1790 Congress 
fixed the mininmm price of public lands at $2 per acre, then equal to aI)out $4 
of our money. Considering the greater purch.-ise power of money at that time, I 
think it can be safely assumed that the lands granted to officers and soldiers of 
the Revolution were worth fully $1 per acre of our money. In such case, the 
value of the lands granted by North Carolina to officers and soldiers was as 
follows: Trivate. $640; noncommissioned officer, $1,000; subaltern, $2,560; cap- 
tain, .$3,840; major, .$4,800; chaplain, $7,200; surgeon, $4,800; surgeon's mate, 
$2,.560; lieutenant colonel, $5,760; lieutenant colonel commandant. $7,200; 
colonel, $7,200; bridagier general, $12,000; Maj. Gen. Nathanael Greene, $25,000. 

The acts of Congress of April 23. 1904; June 29, 1906; and March 2, 1907, in 
effect declare that the ivtired (tfficers of the Army and Navy who served in the 
Civil War had not been sufficiently paid for such service; that there was due 
them in the nature of bounty for such service an additional amount, and that 
accordingly each should have his rank and pay increased one grade. The 
effect of this was, for example, that an officer retired as colonel was advanced 
to brigadier general, with $1,-500 increase of pay annually for life. Under 
these acts about a thousand officers of the Army and Navy are receiving in- 
creased pay averaging about $822 a year for life, solely for service they had 
rendered in the Civil War. This is simply additional pay in the nature of 
bounty, and there is no satisfactory explanation why the surviving officers of 
Volunteers in the Civil War who are not in the Regular Army or Navy should 
not receive a similar bounty. 



ACTS OF eONGKKSS PUOVIDINC RETIRED PAY FOR THE STTRVIVORS OF TITE REVOLU- 
TIONARY ARMY. 

I Note. — The ti-eaty of peace between Great Britain and the United States was signed 
in Paris in September, 178.''., and ratified by the Congress of the United States January 
4. 17S4. Practically 45 years hiter. May 15. 1S2S. the Twentieth Congress of the United 
States passed the following law, to take effect March .", 1S26, or about 42 years after 
the ratification of the treaty of peace.] 

Act of Cougresf^ of May /.T, 1H2R. 

Be it enacted />// tlie Heiiate aiul IIoui^c of ]frpresentatirc.'< of the United 
States of Ameriea in Vongress asseniJjted, That each of the surviving officers of 
the Army of the Revolution in the continent.nl line who was entitled to half 
pay by the resolve of October twenty-one, one thousand seven hundred and 
eighty, be authorized to receive, out of any money in the Treasury not other- 
wise ai^propriated, the amount of his full pay in said line, according to his 
rank in the line, to begin on the third day of March, one thousand eight hundi'ed 
and twenty-six, and to continue during his natural life: Provided, That under 
this act no officer shall be entitled to receive a larger sum than the full pay 
of a captain in said line. 

Sec. 2. Avd it is further enacted. That whenever any of said officers has 
received money of the United States, as a pensioner, since the third day of 
March, one thousand eight hundred and twenty-six, aforesaid, the sum so 
received shall be deducted from what said officer would otherwise be entitled 
to under the first section of this act. 

Sec. 3. And he it fiirtlur enacted. That every noncommissioned officer, musi- 
cian, or private in said army who enliste<l therein for and during the war and 
continued in service until its termination, and thereby became entitled to re- 
ceive a reward of eighty dollars under a resolve of Congress passed May fif- 
teenth, seventeen hundi-ed and seventy-eight, shall be entitled to receive his full 
monthly pay in said service, out of any money in the Treasury not otherwise 
api)r()priated, to begin on the third of March, eighteen hundred and twenty-six. 
and to continue during his natural life: Provided, That no nonconmiissioned 
officer, musician, or private in said army who is now on the pension list of the 
United States be entitled to the benefits of this act. 



CIVIL WAR VOLUNTEER OFFICERS ' RETIRED LIST. 41 

Sec. 4. And be it further enacted. That tlie pay allowed by this act shall, 
under the direction of the Secretary of the Treasury, be paid to the officer or 
soldier entitled thereto, or to their authorized attorney, at such places and days 
as said Secretary may direct, and that no foreign officer shall be entitled to 
said pay, nor shall any officer of soldier receive the same until he fui'uish to 
said Secretary satisfactory evidence that he is entitled to the same in con- 
formity to the provisions of this act ; and the pay allowed by this act shall not 
in any way be transferable or liable to attachment, levy, or seizure by any legal 
process whatever, but shall inure wholly to the personal benefit of the officer or 
soldier entitled to the same by this act. 

Sec. 5. And he it further enacted, That so much of said pay as accrued by the 
provisions of this act befoi*e the third day of March, eighteen hundred and 
twenty-eight, shall be paid to the officers and soldiers entitled to the same, as 
soon as may be, in manner and under the provisions befoi'e mentioned; and the 
pay which shall accrue after said day shall be paid semiannually, in like man- 
ner, and under the same provision. (U. S. Stat. L., vol. 4, pp. 269, 170.) 

Act of Congress of June 7, 1832. 

[An act supplementary to the act for the relief of certain surviving officers and soldiers 

of the Revolution.] 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled. That each of the surviving officers, 
noncommissioned officers, musicians, soldiers, and Indian spies who shall have 
served in the continental line or State troops, volunteers, or militia, at one or 
more terms a period of two years during the War of the Revolution, and who 
are not entitled to any benefit under the act for the relief of certain surviving 
officers and soldiers of the Revolution, passed the fifteenth day of May, eighteen 
hundred and twenty-eight, be authorized to receive, out of any money in the 
Treasury not otherwise appropriated, the amount of his full pay in the said line, 
according to his rank, but not exceeding in any case the pay of a captnin in 
the said line; such pay to commence fi'om the fourth day of March, eighteen 
hundred and thirty-one, and shall continue during his natural life; and that any 
such officer, noncommissioned officer, musician, or private, as aforesaid, who 
shall have served in the continueutal line. State troops, volunteers, or militia a 
term or terms in the whole less than the above period, but not less than six 
months, shall be authorized to receive, out of any uuapproprinted money in the 
Treasury, during his natural life, each according to his term of service, an 
amount bearing such proportion to the annuity granted to the same rank for 
the service of two years as his term of service did to the term aforesaid, to 
commence from the fourth of March, eighteen hundred and thirty-one. 

Sec. 2. And be it further enacted, That no person receiving any annuity or 
pension under any law of the United States providing for Revolutionary officers 
and soldiers shall be entitled to the benefits of this act unless he shall first 
relinquish his further claim to such pension, and in all payments under this 
act the amount which may have been received under any other act as aforesaid, 
since the date at which the payments under this act shall commence, shall first 
be deducted from such payment. 

Sec. 5. And be it further enacted, That the officers, noncommissioned officers, 
mariners, or marines who served for a like term in the naval service during the 
Revolutionary War shall be entitled to the benefits of this act in the same man- 
ner as is provided for the officers and soldiers of the Army of the Revolution. 
(U. S. Stat. L., vol. 4, pp. 529, 530.) 

Supplementary act of February 19, 1833. 

[An act to amend an act entitled "An act supplementary to the act for the relief of cer- 
tain surviving officers and soldiers of the Revolution."] 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the second section of the act en- 
titled "An act supplementary to the act for the relief of certain surviving offi- 
cers and soldiers of the Revolution," approved the seventh day of June, eighteen 
hundred and thirty-two. shall not be construed to embrace invalid pensioners, 
and pension of invalid soldiers shall not be deducted from the amount receivable 
by them under this act. Approved February 19, 1833. (U. S. Stat. L., vol. 4, 
p. 612.) 



42 CIVIL WAR VOLUNTEEE OFFICERS' RETIRED LIST. 

ACTS OF CONGRESS RELATING TO THE RIGHTS OF SURVIVING REGULAR AND VOLUNTEEE 
OFFICERS WHO SERVED IN THE CIVIL WAR. INCLUDING FIVE ACTS GRANTING TO 
REGULAR OFFICERS ADVANCED RANK AND RETIRED PAY EXCLUSIVELY ON ACCOUNT 
OF CIVIL WAR SERVICE. 

Act Of July 22, 1861 (extract). 

Therefore he it enacted hy the Senate and House of Representatives of the 
United States of Aincrica in Congress assembled: 

-^- * lii * :i H: It! 

Sec. 5. And &e it further enacted. That the officers, noncommissioned officers, 
and privates, organized as above set forth, shall in all respects be placed on the 
footing, as to pay and allowances, of similar corps of the Regular Army. 

Sec. 6. And be it further enacted. That any volunteer who may be received 
into the service of the United States under this act, and who may be wounded or 
otherwise disabled in the service, shall be entitled to the benefits which have 
been or may be conferred on persons disabled in the regular service. * * * 

Approved July 22, 1S61. 

United States Army Regulations, 1863, pages 504-507. 

United States Statutes at Large, volume 12, pages 269-271. 

Act of August S, 1861. 

Be it enacted by the Senate and the House of Representatives of the United 
States of America in Congress assembled: 

* « » « 4i * * 

Sec. 16. And be it further enacted, That if any commissioned officer of the 
Army or of the Marine Corps shall have become, or shall hereafter become, 
incapable of performing the duties of his office, he shall be placed upon the 
retired list and withdrawn from active service and command, and from the line 
of promotion, with the following pay and emoluments, namely, the pay proiier 
of the highest rank held by him at the time of his retirement, whether by staff 
or regimental commission, and four rations per day, and without any other pay, 
emoluments, or allowances * * *. 

Approved August 3. 1S61. 

(U. S. Army Regulations, 1863, pp. 526-527; U. S. Stat. L., vol. 12, p. 289.) 

Act of July 28, 1866. 

And be it further enacted. That officers of the Regular Army, entitled to be re- 
tired on account of disability occasioned by wounds received in battle, may 
be retired upon the full rank of the command held by them, whether in the Reg- 
ular or Volunteer service at the time such wounds were received. (Sec. 32, act 
of July 28. 1866, 14 Stat, 337). 

Act of March 3, 1875 (extract). 

Be it enacted, etc. 

******* 

Sec. 2. That all officers of the Army who have been heretofore retired by 
reason of disability arising from wounds received in action shall be considered 
as retired upon the actual rank held by them, whether in the Regular or Volun- 
teer service at the time when such wound was received, and shall be borne on 
the retired list and receive pay hereafter accordingly, and this section shall be 
taken and construed to include those now borne on the retired list placed upon it 
on account of wounds received in action. 

Act of April ,!?.?. lOO.'f. 

That any otlicer of the Army below the grade of briga<lier general who served 
with credit as an officer or as an enlisted man in the Regular or Volunteer forces 
during the Civil War prior to April ninth, eighteen hundred and sixty-five, 
otherwise than as a cadet, and whose name is borne on the official i-egister of 
the Ai-my. and who has heretofore lieen, or may hereafter be, retired on account 
of wounds or disability incident to the service, or on account of age, or after 
forty years' service, may, in the discretion of the President, by and with the 
advice and consent of the Senate, be placed on the retired list of the Army 
with the rank and i-fHirenl ]>ay of one grade above that actually held by him 



CIVIL WAR VOLUNTEER OFFICERS^ RETIRED LIST. 43 

at the time of retirement: Provided, That this act shall not apply to any officer 
who received an advance of grade since the date of his retirement or who has 
been restored to the Army and placed on the retired list by virtne of the 
provisions of a special act of Congress. (Act of Apr. 23, 1904.) 

Act of June 29, 1906. 

That any officer of the Navy not above the grade of captain who served with 
credit as an officer or as an enlisted man in the Regnlar or Volunteer forces 
during the Civil War prior to April ninth, eighteen hunded and sixty-five, 
otherwise than as a cadet, and whose name is borne on the official register of 
the Navy, and who has heretofore been, or may hereafter be, retired on 
account of wounds or disability incident to the service, or on account of age, or 
after forty years' service, may, in the discretion of the President, by and with 
the advice and consent of the Senate, be placetl on the retire<l list of the Navy 
with the rank and retired pay of one grade above that actually held by him 
at the time of retirement: Provided, That this act shall not apply to any officer 
who received an advance of grade at or since the date of his retirement, or who 
has been restored to the Navy and placed on the retired list by virtue of the 
provisions of a special act of Congress. 

That any officer of the Marine Corps below the grade of brigadier general 
who served with credit as an officer or as an enlisted man in the Regular or 
Volunteer forces during the Civil War prior to April ninth, eighteen hundred 
and sixty-five, otherwise than as a cadet, and whose name is borne on the 
official register of the Marine Corps, and who has heretofore been, or may 
hereafter be, retired on account of wounds or disability Incident to the service, 
or on account of age, or after forty years' service, may, in the discretion of 
the President, by and with the advice and consent of the Senate, be placed on 
the retired list of the Marine Corps with the rank and retired pay of one 
grade above that actually held by him at the time of retirement: Provided, 
That this act shall not apply to any officer who received an advance of grade 
since the date of his retirement or who has been restored to the Marine Corps 
and placed on the retired list by virtue of the provisions of a special act of 
Congress. (Act of June 29, 1906, 34 Stat, 554.) 

Act of March 2, 1907. 

Provided, That officers who served creditably in the Regular or Volunteer 
forces during the Civil War prior to April ninth, eighteen hundi'ed and sixty- 
five, and who now hold the rank of brigadier general on the active list of the 
Army, having previously held that rank for three years or more, shall, when 
retired from active service, have the rank and retired pay of major general. 
(Act of Mar. 2, 1907.) 



II^DEX. 



Page. 
Acts of Congress proA'iding retired pay for survivors of tlie Revolutionary 

Army ^ 40 

Acts of Congress relating to rights of surviving regular and volunteer 
officers of the Civil Wnr, including five acts granting to regular officers 
advanced rank and retired pay exclusively on account of Civil War 

service 42 

Age limit of 70 years, objection to-_ 18,19 

Age of surviving Union officers of the Civil War about 74 years 6 

Amendment proposed 12 

Army and Navy Journal, March 23, 1912, extract from 39 

Association of Volunteer Officers of Western New York, reasons in sup- 
port of bill 37 

Bill S. 2006, Civil War volunteer officers' retired list 3 

Pavornble report of urged 18,21 

Opposition to, source of 17,18 

Purpose of 5 

Bills, favorable reports made on similar, in Sixty-first Congress G 

Colorado Commandery, resolutions passed by 36 

Commandery of the State of Colorado, resolutions passed by 36 

Congress, acts of, providing retired pay for survivors of the Revolutionary 

Army 40 

Congress, acts of, relating to rights of surviving regular and volunteer offi- 
cers of the Civil War, including five acts granting to regular officers 
advanced rank and retired pay exclusively on account of Civil War 

service '. 42 

Death rate of surviving officers of the Civil War exceeds 1,500 each year_ 6 

Discrimination against officers 9,22,35 

Enlisted men and officers on retired list, Army, February 23, 1912 7 

Equality of treatment of regular and volunteer forces promised at begin- 
ning of Civil War 7,13,16,25,34 

Exhibit A, Senate Document No. 642 (62d Cong., 2d sess.) 37 

Exhibit B. Senate Report No. 503 (62d Cong., 2d sess.) 39 

Exhibit C, extract from Army and Navy Journal, March 23, 1912 39 

Favorable report of bill urged 18,21 

Greenbacks, difference of payment of officers in, and payment in gold 24 

Hamilton, Bvt. Brig. Gen. w". E., statement of 36 

Hesseltine, Col. Francis S., Boston, Mass.. statement of 13 

Illinois and Chicago Volunteer Retired List committees, petition by 9 

Income clause, protest against insertion of any 12 

Kempster, Dr. Walter, argument of 35 

Koch, Col. Charles R., adjutant general of the Grand Army of the Re- 
public, statement of 22 

LegisL'itures of New York, Ohio, Illinois, Indiana, Michigan, Maine, Wis- 
consin, Kansas, Wyoming, and Colorado approve enactment of such a 

measure 6 

Massachusetts Association of Union Volunteer Officers of the Civil War, 

statement of president of 13 

Members of subcommittee 2 

National Association of the Surviving Volunteer Officers of the Civil War, 

statement of acting chairman of executive committee of 4 

Navy, surviving officers of volunteer, benefited by bill would not exceed 

200- 27 

Nettleton, Gen. A. B., argument, in part, of, before subcommittee of Senate 

Committee on Military Affairs, February 19, 1910 29 

Noble, Capt. George A., pamphlet prepared by 9 

45 



46 INDEX. 

Page. 

Officers and enlisted men on retired list, Army, February 23, 3912 7 

Officers, discrimination against 9,22,35 

Officers, Union, of the Civil War, now living less than 18,000; eligible to 
enrollment under terms of bill will not exceed 16,000; average age 

about 74 years; death rate exceeds 1,500 each year ._ 5 

Opposition to bill, source of ." 17.18 

Osborn, Capt. Hartwell, statement of 28 

Pension, retii-ed pay of many otHcers under this measure would not greatly 

exceed amount entitled to receive under present law as 5, 11 

Petition by the Illinois and Chicago Volunteer Retired List committees 9 

Purpose of bill 5 

Regular and volunteer forces, inequality of treatment of 7,13,17 

Retired list. Army, regular officers and enlisted men on, February 23, 1912 7 
Retired pay of many officers under this measure would not greatly exceed 

amount entitled to receive as pension under present law 5, 11 

Revolutionary Army, acts of Congress providing retired pay for the sur- 
vivors of 40 

Sands, Francis P. B., formerly acting master. United States Navy, 1862- 

1867, statement of 27 

Paper submitted by 27 

Senate Document No. 642 (62d Cong., 2d sess.) 37 

Senate Report No. .563 (62d Cong., 2d ses.s.) 39 

Subcommittee, members of 2 

Surviving Union officers of the Civil War less than 18,000; eligible to 
enrollment under terms of bill will not exceed 16,000 ; average age about 

74 years; death rate exceeds 1,.500 each year 5 

Tanner, Corpl. James, statement of 19 

Torrence, IJent. Eli, United States Volunteers, and past commander in 

chief Grand Army of the Republic, statement of 4 

Townsend, Hon. Charles E., Senator from Michigan, bill of 3 

Statement of J 17 

Union officers of the Civil War now living less than 18,000; eligible to 
enrollment under terms of bill will not exceed 16,000 ; average age 

about 74 years; death rate exceeds 1,500 each year 5 

Volunteer and regular forces, inequality of treatment of 1 7,13,18 

o 



